Township of Oldmans, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Oldmans as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-22-2008 by Ord. No. 2008-13[1]; amended in its entirety 6-10-2020 by Ord. No. 2020-03]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11.
This article shall be known and may be cited as the "Oldmans Recycling Program Ordinance."
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BULK MATERIALS
All items which cannot or do not fit a regular trash container or recycling container because of its size, dimension, or proportions, such as, but not limited to: large, heavy or unwieldy solid waste materials which, if listed as designated recyclable materials, cannot be commingled and are not subject to single-stream recycling as defined herein. Bulk materials include, but are not limited to, items such as textiles, furniture, rugs, mattresses, box springs, bed frames, televisions, clothes washers/dryers and dishwashers, hot water tank, doors, furnace, air conditioner, bath vanity, toilet, sink, bath tub, mirror, couch/recliner, tables, chairs, windows, carpet, cabinets, glass patio doors, microwave, barbeque grills, railings, bicycles, lawn chairs and machinery.
CERTIFIED MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to report on behalf of the municipality all reports required per state statutes.
COMMINGLED
A combining of non-putrescible source-separated recycling materials for the purpose of recycling.
COMPUTER
An electronic, magnetic, optical, electrochemical or other high-speed data-processing device performing logical, arithmetic, or storage function, and may include both a computer central processing unit and a monitor, but the term shall not include an automated typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other similar device.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Salem County Solid Waste Management Plan to be source-separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. These materials cannot be deposited in the landfill and include:
A. 
Residential.
(1) 
Glass containers (05): All containers used for packaging food or beverages.
(2) 
Aluminum cans (06): Food and beverage containers made entirely of aluminum.
(3) 
Newspaper (03): All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institutes grades No. 6, No. 7 and No. 8 news).
(4) 
Mixed office (02): All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and notepad).
(5) 
Corrugated (01): Containers and similar paper items usually used to transport supplies, equipment, parts or other merchandise.
(6) 
(Reserved)
(7) 
Plastic (08): Containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, water or detergent bottles, except for any and all lids to these items. All such lids must be removed and placed in a nonrecyclable trash container.
(8) 
Yard trimmings (19): Leaves (19), grass clippings (18), stumps (20), brush (17), and other lawn and garden trimmings from homes, institutions, commercial or industrial sources. Note: Yard trimmings are "putrescible materials" that are not subject to single-stream recycling requirements and not be commingled with other designated recyclable materials. It is preferred that yard trimmings be mulched on the property from which they originated.
(9) 
Steel cans (07): 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. Note 1: Steel cans of five gallons or more are "bulk materials" that are not subject to single-stream recycling requirements and are not be commingled with other designated recyclable materials. Note 2: All putrescible materials must be removed from steel can recyclables prior to placement for collection.
(10) 
Tires (15): Rubber-based scrap automotive, truck and specialty tires (e.g., forklift tires). Note: Tires are "bulk materials" that are not subject to single-stream recycling requirements and cannot be commingled with other designated recyclable materials.
(11) 
White goods and light iron (11): 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, stainless steel and other nonstructural ferrous scrap. Note: White goods and light iron are "bulk materials" that are not subject to single-stream recycling requirements and not be commingled with other designated recyclable materials.
(12) 
Food scraps (23): Food plate waste and food-processing waste. Food-processing wastes include food-processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries or similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food-processing residuals and animal-processing wastes. If the material is transported and processed as animal feed, it may be identified as such. Note: Food scraps are "putrescible materials" that are not subject to single-stream recycling requirements and are not to be commingled with other designated recyclable materials.
(13) 
Textiles (29): Cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, etc. Note: Textiles are "bulk materials" that are not subject to single-stream recycling requirements and not to be commingled with other designated recyclable materials.
B. 
Commercial.
(1) 
Glass containers (05): All containers used for packaging food or beverages.
(2) 
Aluminum cans (06): Food and beverage containers made entirely of aluminum.
(3) 
Newspaper (03): All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institutes grades No. 6, No. 7 and No. 8 news).
(4) 
Mixed office (02): All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and notepad).
(5) 
Corrugated (01): Containers and similar paper items usually used to transport supplies, equipment, parts or other merchandise.
(6) 
(Reserved)
(7) 
Plastic (08): Containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, water or detergent bottles, except for any and all lids to these items. All such lids must be removed and placed in a nonrecyclable trash container.
(8) 
Steel cans (07): 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. Note 1: Steel cans of five gallons ore more are "bulk materials" that are not subject to single-stream recycling requirements and are not be commingled with other designated recyclable materials. Note 2: All putrescible materials must be removed from steel can recyclables prior to placement for collection.
(9) 
Tires (15): Rubber-based scrap automotive, truck and specialty tires (e.g., forklift tires). Note: Tires are "bulk materials" that are not subject to single-stream recycling requirements and not be commingled with other designated recyclable materials.
(10) 
White goods and light iron (11): 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, stainless steel and other nonstructural ferrous scrap. Note: White goods and light iron are "bulk materials" that are not subject to single-stream recycling requirements and not be commingled with other designated recyclable materials.
(11) 
Food scraps (23): Food plate waste and food-processing waste. Food-processing wastes include food-processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries or similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food-processing residuals and animal-processing wastes. If the material is transported and processed as animal feed, it may be identified as such. Note: Food scraps are "putrescible materials" that are not subject to single-stream recycling requirements and are not to be commingled with other designated recyclable materials.
(12) 
Textiles (29): Cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, etc. Note: Textiles are "bulk materials" that are not subject to single-stream recycling requirements and not to be commingled with other designated recyclable materials.
ELECTRONIC WASTE
Cathode ray tubes, desktop or personal computers, computer monitors, portable computers, televisions, desktop printers, desktop fax machines, tablets and electronic devices, including telephones of any type that have a video display with a viewing area greater than four inches when measured diagonally.
HAZARDOUS WASTE
Any waste material defined as a hazardous material in the federal environmental statues or regulations, state environmental statutes or regulations, county health ordinances or regulations, or the municipal ordinances.
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 that may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded.
MUNICIPAL RECYCLING ENFORCEMENT OFFICER
Person or persons appointed by the Oldmans Township Committee who shall be authorized to enforce the article as directed by the Municipal Recycling Coordinator.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of Oldmans Township.
NONRECYCLABLES
All types of solid and/or bulk waste that are not defined in this article as "designated recyclable materials."
NONRESIDENTIAL PROPERTY
A parcel of land within Oldmans Township that does not meet the definition of "residential property" as set forth in this article, including but not limited to farms and property used or occupied by commercial, business, medical or industrial facilities.
NONRESIDENTIAL UNIT
A structure or portion of a structure located on a nonresidential property that is occupied or used for the purposes other than as a single-family residential dwelling.
OCCUPANT
The lessee(s), tenant(s) or other occupant(s) of a residential or nonresidential property or unit.
PUTRESCIBLE MATERIALS
Any organic material or garbage, including but not limited to food scraps and residue, human and animal waste, and yard trimmings and other vegetation, that is subject to rotting or decompositions by bacteria, fungi or oxidation, or any foul-smelling process of decay which, if listed as designated recyclable materials, cannot be commingled and is not subject to single-stream recycling as defined herein.
RECYCLABLE MATERIAL
Those materials that 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.
RESIDENTIAL PROPERTY
A parcel of land within Oldmans Township that is lawfully developed, occupied and used only as the site of a lawfully permitted single-or two family dwelling.
RESIDENTIAL UNIT
A structure or portion of a structure that is occupied as a single-family dwelling or as a dwelling for farm workers, whether located on a residential or nonresidential property.
SINGLE-STREAM RECYCLING
The placement of a variety of types of non-bulk and non-putrescible designated recyclable materials together with a common container or containers for disposal, removal or collection rather than sorting or separating any particular type or types of such designated recyclables materials for collection in separately designated containers.
SOLID WASTE COLLECTOR
A person or entity who is authorized by the Township to collect designated recyclable materials and/or nonrecyclables from properties or units within the Township. In the case of residential properties or units, the solid waste collector is the person(s) or entities hired or otherwise appointed by the Township to collect designated recyclable materials and recyclables from such properties or units. All solid waste collectors are subject to the requirements of this article regardless of whether they collect solid waste from residential or nonresidential properties or units.
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.
SOURCE-SEPARATED RECYCLABLES MATERIALS
Recyclable materials that are separated at the point of generation by the generator thereof from solid waste 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 the municipality of Oldmans Township, to separate designated recyclable materials from all solid waste.
A. 
Designated recyclable materials generated by owners or occupants of residential properties or residential units shall be placed for single-stream recycling collection at the curb in a manner and on such days and times as may be hereinafter established by the Township.
B. 
When municipal curbside collection is not provided for designated recyclable materials, as is cause for those recyclables generated by nonresidential properties or nonresidential units, commercial, business and institution entities, it shall be the obligation of the generator to arrange for the private collection and delivery of designated recyclable materials to a recycling facility or to deliver designated recyclable materials to a municipal recycling depot designated by the Township and must arrange for the private collection and disposal of nonrecyclables in a lawful manner.
C. 
Nonrecyclables generated by owners or occupants of residential properties or residential units shall be placed for collection by the Township as set forth in this article on such days and at such times as may be designated by the Township.
A. 
The Certified Municipal Recycling Coordinator shall be appointed on an annual basis by resolution of the Township Committee.
(1) 
The Certified Municipal Recycling Coordinator shall, within applicable deadlines as required by law, achieve professional certification in compliance with the requirements of N.J.S.A. 13:1E-99 et seq., the provisions of the Salem County Solid Waste Management Plan, and this article.
(2) 
The Certified Municipal Recycling Coordinator shall report recycling tonnage as required by N.J.S.A. 13:1E-99.16e, which report shall contain the same information as is required for an application for a recycling tonnage grant as codified at N.J.A.C. 7:36-15.5. The Certified Municipal Recycling Coordinator shall also assist the Township Committee as needed with the recycling tonnage recordkeeping and reporting requirements of N.J.A.C. 7:26A-11.2, and the biannual publication, posting and/or other distribution of recycling notices pursuant to N.J.A.C. 7:26A-11.3.
B. 
The Municipal Recycling Officer shall be appointed on an annual basis by resolution of the Township Committee.
(1) 
The Municipal Recycling Coordinator shall assist the Certified Municipal Recycling Coordinator maintain and report recycling tonnage as required by N.J.S.A. 13:1E-99.16e, which report shall contain the same information as is required for an application for a recycling tonnage grant as codified at N.J.A.C. 7:36-15.5. The Municipal Recycling Coordinator shall also be responsible for all duties of that office as set forth in this article or in any other applicable laws or regulations or amendments to same (including any amendments to the abovecited laws and regulations), and shall be primarily responsible for carrying out the objectives and purposes of this article, including the primary responsibility for conducting inspections, investigations and enforcement actions, notification and prosecution of violations, and calculation and imposition of penalties. The Municipal Recycling Coordinator shall also assist the Township Committee as needed with the recycling tonnage recordkeeping and reporting requirements of N.J.A.C. 7:26A-11.2.
C. 
A Municipal Recycling Enforcement Officer as defined may be appointed on an annual basis by resolution of the Township Committee. Once appointed, the Municipal Recycling Enforcement Officer shall have all duties related to this article as may be delegated by the Township Committee and the Municipal Recycling Coordinator.
A. 
The residential collection of source-separated recyclable materials shall be in the manner prescribed as follows:
(1) 
It is the responsibility of the property owner to provide containers for the separate placement of recyclables for curbside collection as follows: Paper products may be comingled in one container; plastic bags shall not be used for curbside collection of paper products; glass, food and beverage containers, metal food and beverage containers, and plastic bottles and jugs (marked #01 and #02) may be commingled in one container. The container containing source-separated 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.
(2) 
All receptacles shall be maintained in a clean and safe manner.
B. 
Residential dwelling compliance requirements. The owner of each 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 source-separated recyclable materials. Violations 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.
C. 
Commercial/business establishment compliance requirements.
(1) 
All commercial, business or industrial facilities shall be required to comply with the provisions of this article.
(2) 
The arrangement for collection of all categories of designated mandatory recyclables hereunder shall be the responsibility of the commercial, business, institutional or industrial property owner or his designee. 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.
(3) 
Every business, institution or industrial facility shall report on an annual basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at its 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.
(4) 
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.
The collection of nonrecyclables and designated recyclable materials (single-stream and non-single-stream) from residential properties and residential units shall be in the manner prescribed as follows:
A. 
Nonrecyclables for collection by the Township. Nonrecyclables other than those listed in Subsection B, below, will be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. Nonrecyclables from residential properties and units that are to be collected by the Township must be placed only in designated trash receptacles that have been provided by the Township for use with the Township's automated trash collection system. Placement of nonrecyclables in non-Township-issued receptacles, or in receptacles that have been issued by the Township for recyclables, is prohibited. The Township will not remove, collect or dispose of nonrecyclables that have been placed in non-Township-issued receptacles, or in Township-issued recycling receptacles.
B. 
Nonrecyclables not collected by the Township. The following types of nonrecyclables and other materials must be delivered to the Salem County Landfill by or at the direction and expense of the residential property or unit owner or occupant. Placement of such materials for collection by the Township is prohibited.
(1) 
Nonrecyclables generated outside of Oldmans Township.
(2) 
Any material not accepted by the Salem County Landfill without special arrangements, special packaging, special handling, and/or special fees.
(3) 
Any trash, debris, or other materials resulting from construction, renovation, maintenance, repair or demolition of buildings or other structures.
(4) 
Motor vehicles (including but not limited to cars, trucks, motorcycles, ATVs, and tractors) and all types of machinery, whether or not motorized or motor propelled.
(5) 
Toxic and hazardous wastes.
(6) 
Animal carcasses.
(7) 
Non-household chemical products.
(8) 
Petroleum products.
C. 
Single-stream recyclables. Designated recyclable materials as defined in this article (but excluding the materials specified in Subsection D, below) must be processed as single-stream recycling as defined in this article and shall be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. The owners and occupants of all residential properties and units in the Township must participate in single-stream recycling. Combined single-stream recyclable materials must be placed only in designated recycling receptacles that have been provided by the Township for use with the Township's automated single-stream recyclables collection system. Placement of recyclable materials in non-Township-issued receptacles, or in receptacles that have been issued by the Township for recyclables, is prohibited. The Township will not remove, collect or dispose of recyclables that have been placed in non-Township-issued receptacles, or in receptacles that have been issued by the Township for collection of nonrecyclables.
D. 
Non-single-stream recyclables. Unless special collection dates, times and procedures for the collection of the following listed types of designated recyclable materials are established and announced in advance by the Municipal Recycling Coordinator, such materials must be recycled by delivery, arranged and paid for by the residential property or unit owner or occupant, to a Township-approved recycling facility or recycling depot. Placement of such materials for collection by the Township pursuant to Subsection A or C, above, or in any other manner, is prohibited. The following materials are subject to this Subsection D:
(1) 
Bulk materials as defined in this article, including but not limited to tires, steel cans of five gallons or more, white goods and light iron.
(2) 
Putrescible materials as defined in this article, including but not limited to yard trimmings and food scraps.
(3) 
Containers meeting the definition of designated recyclable materials that contained or have contained herbicides, pesticides, or fertilizers, unless such containers have been emptied and triple-rinsed.
The only trash and recycling receptacles permitted are those designed for use with automated solid waste collection systems and which are issued by the Township as set forth below. Additionally, the use of Township-issued receptacles for collection of nonrecyclables and single-stream recyclables shall be subject to the following conditions and requirements:
A. 
The Township will issue receptacles as follows:
(1) 
For all residential properties and units, one solid waste and one recyclable container will be issued per property or unit.
(2) 
For commercial properties, one solid waste and one recyclable container may be issued per property or business upon request only and will be the responsibility of the requestor to obtain the receptacles from one of the Township Recycling Coordinators.
(3) 
For all properties owned or leased by a religious or nonprofit institution and conducting business as the religious or nonprofit institution, one solid waste and one recyclable container may be issued per property or business upon request only and upon proof of the religious or non-profit affiliation, and will be the responsibility of the requestor to obtain the receptacles from one of the Township Recycling Coordinators.
(4) 
Residents, commercial property owners and nonprofit institutions may rent one additional trash container and/or one additional recycle container. An annual rental fee of $150 for each container will be charged each calendar year commencing in January. The rental fee will not be prorated, with the exception of the first year of the approval of this article. If the rented container is no longer in use and returned to the municipality, no refund or prorated refund of the rental fee will be issued.
B. 
All receptacles that are provided to residential properties and residential units by the Township for collection of nonrecyclables and single-stream recyclables pursuant to this article shall continue to be owned by the Township of Oldmans at all times, and must be returned to the Township by the property owner or unit owner or occupancy whenever requested by any duly authorized Township official or employee. The property or unit owner or occupant must keep all such receptacles clean and in proper condition for safe and efficient handling. No person other than Township-approved personnel may repair or modify Township-issued receptacles. No property or unit owner, occupant, or other person may mark, deface or damage such receptacles. The owner or occupant of the property or unit to which a Township-issued receptacle has been issued must take all reasonable measures to protect and preserve such receptacle from loss or damage, and must promptly report any loss or damage to the Township Clerk. Any recyclable or nonrecyclable material which is placed in a Township-issued receptacle that, in the sole discretion of any duly authorized Township official or employee, is deemed to be damaged or improperly maintained to such an extent that is cannot be handled safely or efficiently will not be collected. Any duly authorized Township official or employee may retrieve any Township-issued receptacle that has been placed for collection pursuant to this article if, in the sole discretion of such official or employee, the receptacle is damaged or improperly maintained to such an extent that it cannot be handled safely or efficiently.
C. 
All repair and replacement of Township-issued receptacles shall be accomplished by Township-approved personnel in such manner as may be deemed satisfactory in the sole discretion of any duly authorized Township official or employee. All costs for repair of damage that, in the sole discretion of any duly authorized Township official or employee, has resulted from normal wear and tear will be incurred by the Township without reimbursement by the property or unit owner or occupant. All other repair and replacement costs shall be repaid to the Township in full by the person who is the owner or occupant of the property or unit at the time when the repaid receptacle is ready to be returned, or the replacement receptacle is ready to be provided by the Township, and such payment will be required in full prior to the Township's release of the repaired or replacement receptacle to such owner or occupant. Repair costs shall include only the Township's actual out-of-pocket costs for labor and materials used in accomplishing the repair, but shall not include any costs for labor furnished by the Township officials or employees. Replacement cost shall be the actual cost of the receptacle. Any purposeful damage or defacement of a Township-issued receptacle may also constitute destruction or vandalism of Township property and may be prosecuted accordingly in criminal and/or civil actions at the Township's election, provided that any such election or nonelection to prosecute shall be independent of the current property or unit owner's or occupant's ongoing obligation to pay the receptacle repair costs referenced above pending the Township's possible recovery of such costs as a result of such prosecution.
D. 
Unless returned to a duly unauthorized Township official or employee, each Township-issued receptacle must at all times remain at the property or unit to which is has been issued. Any removal of a Township-issued receptacle from the property or unit to which it has been issued shall constitute theft or conversion of Township property and may be prosecuted accordingly in criminal and/or civil actions at the Township's election, provided that any such election or nonelection to prosecute shall be to pay the receptacle replacement cost pending the possible return of a missing receptacle as a result of such prosecution. To help avoid the consequences of the repair and replacement provisions of this article, property and unit owners and occupants may, but are not required to, return Township-issued receptacles to the Municipal Recycling Coordinator prior to transferring property or unit ownership or occupancy to any new owner or occupant, so that the receptacle can thereafter be reissued by the Township to the property or unit at the request of the new owner or occupant.
E. 
Location and time of placement of receptacles for collection; removal of receptacles after collection.
(1) 
Township-issued receptacles containing materials for collection must be placed for collection:
(a) 
In an open area that is not beneath tree branches or any object or structure that could impede or obstruct the movements of the Township's automated collections systems;
(b) 
At least one foot beyond the edge of the roadway pavement adjacent to the residential property or unit on the side of the roadway as may be designated by the Township; and
(c) 
At least six feet from all other objects and structures, including mailboxes, newspaper boxes, utility poles, and other Township-issued receptacles.
(2) 
Receptacles must be placed for collection between 6:00 p.m. of the day immediately preceding the day of collection and 6:00 a.m. of the day of collection. After collection, the empty receptacles must be removed and stored out of sight from the roadway no later than 7:00 p.m. of the day of collection.
F. 
Responsibilities of owners regarding certificates of occupancy. Any person, firm or corporation owning, managing, conducting or operating a residential property or unit shall provide a Township-issued receptacle to the new owner or tenant of said property or unit as a condition of certificate of re-occupancy; the cost of which is to be borne by the property owner.
Bulk items, white goods, scrap metal, large nonmetal items, such as furniture, rugs, mattresses from residential properties or units within Oldmans Township shall be placed curbside no more than seven days in advance of the bulk pickup date(s) and placed at a minimum six feet from any other container or object.
A. 
Fees imposed.
(1) 
There is hereby created a fee for the collection and disposal of bulk items within Oldmans Township to be known as the "sticker fee." The owners and occupants of all residential properties and units in the Township who is a qualified user and accepts the service of collection and disposal of bulk items shall pay for such service to the Township.
(2) 
The Township Committee shall authorize the disbursement of up to six "free" bulk item stickers per residential property per year; thereafter, any further bulk item stickers can be purchased for $5 per item. NOTE: white goods are considered to be bulk items while electronics (televisions, computers and computer monitors) would not require a sticker and can be dropped off at Town Hall.
B. 
The fees provided for shall be paid to the Township by purchase of Township-approved and -issued stickers for said bulk items sought to be disposed. Stickers shall be placed upon the bag, container or item being disposed in a conspicuous place thereon. If no sticker is applied, the waste will not be collected. Stickers may be purchased only from the authorized officer(s) of the Township who will issue them to qualified users of this service.
C. 
Application may be made to such officer during any business day so that the service will not be interrupted according to the need of the user to have its waste collected. The application to secure such stickers shall require the name of the user, the address of the property to which the waste will be placed for collection and a description of the bulk item(s) that need to be picked up. The stickers will be nontransferable, however. The stickers will remain subject to the condition of issuance.
D. 
Any person who attempts to duplicate or counterfeit a sticker, reuse a cancelled sticker, provide a sticker to an unqualified user, or transfer a sticker to any person whom such sticker was not issued shall be in violation of this article and be subject to prosecution in the Municipal Court. Any person determined guilty shall be subject to the payment of a fine not to exceed $500 or imprisonment for a period up to 90 days, or both, for each violation.
E. 
The Township may provide a dumpster located within the municipal complex for residential use. Residents are permitted two free uses of the dumpster, not to exceed two cubic yards per use; thereafter, any further utilization of the municipal dumpster shall require the purchase of sticker. All material must be registered with the Township-authorized officer prior to using the dumpster. No recyclable material, hazardous waste, electronic waste, construction material, or white goods may be deposited into the dumpster.
A. 
Owners and occupants of residential or nonresidential properties or units are prohibited from placing yard trimmings for Township collection as a designated recyclable material or as a nonrecyclable, or from mixing yard trimmings for collection with other designated recyclable materials or nonrecyclables.
B. 
Owners and occupants of residential or nonresidential properties or units must mulch or compost all yard trimmings that are generated at the properties or units they own or occupy or, in the alternative, arrange for removal of such yard trimmings to a facility where same will be mulched, composted or otherwise recycled in a lawful manner.
C. 
Solid waste collectors are prohibited from collection designated recyclable materials or nonrecyclables into which yard trimmings have been mixed.
A. 
It is unlawful for solid waste collectors, or the owners or occupants of residential or nonresidential units or properties, to collect or dispose of solid waste that is comprised of nonrecyclables mixed with, or containing visible or other signs of the presence of, designated recyclable materials. It is also unlawful for solid waste collectors, or the owners or occupants of residential or nonresidential units or properties, to remove for disposal as nonrecyclables any bags or other containers of solid waste which visibly display a warning notice sticker or other device indicating that the solid waste contains designated recyclable materials.
B. 
In the event a solid waste collector fails to collect some or all of the solid waste that has been placed for collection at any property or unit, it is the responsibility of the owner or occupant to collect and properly source separate any uncollected solid waste for later disposal and/or recycling. Allowing such uncollected solid waste to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this article in addition to other applicable health or sanitation laws and regulations.
C. 
Once placed for collection pursuant to this article, or any rules or regulations promulgated pursuant hereto, no person other than a solid waste collector as defined herein, or the owner or occupant of the property or unit at which solid waste has been generated, may tamper with, collect or remove or otherwise handle such solid waste.
D. 
Designated recyclable materials that are placed for collection by the owner or occupant of a residential property or residential unit shall, upon such placement, become property of the Township or its authorized solid waste collector. It shall be a violation of this article for any person or entity other than a Township-authorized solid waste collector to collect or pick up, or cause to be collected or picked up, any designed recyclable materials that are the property of the Township as provided above, or nonrecyclables, that have been placed for collection.
E. 
New developments of multifamily residential units or commercial, institutional or industrial properties.
(1) 
Any application to the Planning Board of the municipality of Oldmans, 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) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development;
(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 municipality of Oldmans, 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.
A. 
The Electronic Waste Management Act[1] became effective January 1, 2011. This act bans the disposal of electronic waste through the municipal curbside collections solid waste program. Electronic waste includes, among other things, cathode ray tubes, desktop or personal computers, computer monitors, portable computers, televisions, desktop printers, desktop fax machines, tablets and electronic devices, including telephones of any type that have a video display with a viewing area greater than four inches when measured diagonally.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.94 et seq.
B. 
No electronic waste shall be placed at the curbside for collection by the municipal contracted trash hauler. All persons are required to take electronic waste to an approved dropoff point, such as Town Hall, Salem County Improvement Authority Landfill (at no cost) or a participating retail store, or call Town Hall for pickup.
A. 
The improper disposal of hazard waste pollutes the environment and poses a threat to human health. The improper disposal of these materials includes pouring them down the drain, depositing them into storm sewers or depositing them on or in the ground.
B. 
No hazardous waste shall be placed at the curbside for collection by the municipality. All persons are required to take hazardous waste to an approved dropoff point, such as the county hazardous waste collection center/landfill.
C. 
Household hazardous waste includes leftover household products that contain corrosive, ignitable, reactive or toxic ingredients. Common examples include rechargeable batteries; cleaning compounds; garden chemicals, including herbicides and pesticides; acrylic paints; paint cleaners; finishes and stains; and petroleum-related products, such as antifreeze, gasoline, kerosene, oil and fluorescent light bulbs.
A. 
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 bags or containers of solid waste which visibly display a warning sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
B. 
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.
C. 
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 or its authorized agent. 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.
A. 
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.
B. 
Compliance with diversion requirement. The Municipal Recycling Coordinator shall review the information submitted pursuant to this section of the article and determine, prior to 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 to the Municipal Public Works Director/Supervisor and the owner of the entity carrying out the covered project in writing. When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include a violation of this article for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
The owner and occupant of each property or unit shall be responsible for compliance with this article. Violations and penalty notices will be directed to the owner and the occupant. The aforesaid notwithstanding, in all instances where an occupant refuses to comply, or the occupant or other violator is not easily identifiable, the owner will be responsible for attaining compliance at the property or unit and will be subject to all penalties for the violations. For multifamily units on a property owned or commonly owned by a single person, group or entity, including but not limited to seasonal hotel/motels and guesthouses, and for farm labor residences, the person, group or entity is responsible for setting up and maintaining the recycling system, including collection of source-separated recyclable materials. For multifamily units that are governed by a condominium association, the association is responsible for setting up and maintaining the recycling system, including collection of source-separated recyclable materials. For multifamily units that are governed by a homeowners' association, the association is responsible for setting up and maintaining the recycling system, including collection of source-separated recyclable materials, only if so directed by the Planning Board as a condition of subdivision or site plan approval. The owner or association shall, as part of such recycling system setup and maintenance, issue written notification and collection rules to all new occupants upon commencement of occupancy to ensure conformance with the requirements of this article, and shall issue written reminders thereafter a minimum on an annual basis for the duration of the occupancy.
A. 
The Municipal Recycling Enforcement Officer(s) are hereby individually and severally empowered to enforce the provisions of this article. The enforcers of the article may conduct an inspection at the site of the generator, which consists of sorting through containers and the opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable material.
B. 
Additionally, the Salem County Health Department (SCHD) shall be empowered to enforce the provisions of this article. The municipality shall retain primary enforcement responsibility with the SCHD, also serving in an enforcement role, which includes inspection of commercial establishments and multifamily residential.
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 article; 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 $1,000 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 violations may be punished as provided above for each separate offense. Any violation may be afforded warnings at the discretion of enforcement designees before the issuance of any fines.