[Adopted by Ord. No. 88-357 (Ch. XVIII of the 1996 Revised
General Ordinances); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. III)]
This article shall be known and may be cited as the "Recycling
Ordinance of the Township of Manchester."
The words, terms and phrases used in this article shall have
the following meanings:
Includes all aluminum containers used for soda, beer or other
beverages.
Those properties used primarily for commercial purposes and
those multiple-dwelling residential buildings containing more than
eight dwelling units.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
[Added 4-29-2019 by Ord. No. 19-011]
Includes cardboard of the type used to make cardboard boxes,
cartons and similar corrugated and kraft paper material.
Includes asphalt, concrete, tree stumps, land-clearing debris,
pallets and waste lumber.
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
Co-mingled (bottles and cans).
Newspaper.
Mixed paper (magazines, catalogues, junk mail, used writing
paper).
Cardboard.
Leaves.
White goods.
Tires.
Motor oil.
Auto batteries.
High-grade office paper.
Concrete, asphalt, brick, block.
Stumps, tree parts, leaves.
Ferrous and nonferrous scrap metal.
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.
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 device 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.
Includes all products made from silica or sand, soda ash
and limestone: the product being transparent or translucent and being
used for packaging or bottling of various matters, excluding, however,
blue or flat glass commonly known as "window glass."
Includes white and/or off-white stationery, photocopy and
computer paper.
Those facilities that house or serve groups of people, including
but not limited to, hospitals, schools, nursing homes, libraries and
governmental offices.
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 guest houses
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.).
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.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of Manchester.
Includes paper of the type commonly referred to as "newsprint."
Expressly excluded, however, are all magazines or other periodicals
as well as all other paper products of any nature whatsoever.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Added 4-29-2019 by Ord. No. 19-011]
Those materials which would otherwise become municipal solid
waste, and which may be collected, separated or processed, and returned
to the economic mainstream in the form of raw materials or products.
Includes all other establishments not institutional or commercial.
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.
Includes all garbage and rubbish normally produced by the
occupants of commercial, industrial and residential property and disposed
of by private or public pickup.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
[Added 4-29-2019 by Ord. No. 19-011]
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
[Added 4-29-2019 by Ord. No. 19-011]
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
[Added 4-29-2019 by Ord. No. 19-011]
Includes receptacles which are watertight and of a durable
grade of galvanized metal or other suitable material approved by the
Recycling Coordinator, from 20 gallons to 32 gallons in capacity.
They shall be provided with a tightly fitting cover with a lifting
handle, or tightly sealed. The container shall be without inside protrusions,
and the refuse shall be loosely packed so that the contents shall
discharge freely when the receptacle is inverted.
Includes all disposable cans made of tin, steel or a combination
of metals, including but not limited to containers commonly used for
the storage of food products. The term "tin and bimetal cans" shall
exclude paint and all other aerosol cans and any cans which contain
toxic materials.
Leaves.
[Added 4-29-2019 by Ord. No. 19-011]
A.
The position of Recycling Coordinator is hereby created and established
within the Township of Manchester.
B.
The Recycling Coordinator shall be appointed by the Township Council
for a term of one year, expiring December 31 of each year. The term
of the person first appointed as Recycling Coordinator shall expire
December 31 of the year of that person's appointment.
C.
The Recycling Coordinator, subject to the approval of the Township Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of the recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Township of Manchester. Violation of the rules and regulations promulgated by the Recycling Coordinator shall subject the offender to the fines and penalties as set forth in § 353-17.
There is hereby established a program for the mandatory separation
of the following recyclable materials from the municipal solid waste
stream by all persons within the Township of Manchester: as determined
by the Ocean County Department of Solid Waste Management.
A.
Mandatory source separation. 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 Township of Manchester, 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
Manchester Township Department of Public Works.
B.
Residential recycling should be placed in two separated reusable
containers (one for co-mingled and one for cardboard, newspaper and
mixed paper), separate from other solid waste, and placed at the curb
or such other designated area for collection at such times and dates
as may be hereinafter established in the municipality's recycling
regulations .
C.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source-separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source-separate from
the municipal solid waste stream the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this article, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
A.
It shall be unlawful to dispose of used motor oil in any manner other than through an authorized used oil collection site as per this section or pursuant to Subsection C, on or after the adoption of this article, and in accordance with existing state regulations (N.J.A.C. 14A:3-11).
B.
All service stations, oil retainers and motor vehicle reinspection
stations with used oil holding tanks shall accept up to five gallons
at a time of used motor oil from individuals changing oil for cars,
lawn mowers, motorcycles and other motorized vehicles and machinery,
and shall post a sign informing the public that they are a "Used Oil
Collection Site."
C.
Residents may bring used motor oil free of contaminants (i.e., water,
antifreeze, other liquids and solid materials) in a clear sealed container
of not more than five gallons, to the Whiting Recycling Center.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers (no larger than 32 gallons) and brown paper bags containing
recyclable materials shall be placed, prior to collection, between
the curb and the sidewalk, or in the absence of curb and sidewalk,
as near to the street as not to constitute a danger, where such receptacles
shall be readily accessible to the collector without providing obstruction
to pedestrians. The owner or occupant of the premises shall keep all
receptacles clean and in safe handling condition. Receptacles or other
items to be disposed of shall be placed as noted above anytime after
5:00 p.m. of the day immediately preceding the day of collection,
but no later than 6:00 a.m. of the day of collection. After collection,
any containers shall be removed from the curbside by no later than
7:00 p.m. of the day of collection.
B.
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
A.
The Township may use municipal personnel to collect recyclable material
set forth herein at curbside and/or from a drop-off center and shall
sell the recyclable material if a market exists therefor pursuant
to N.J.S.A. 40A:11-1 et seq.
B.
The Township Council may elect to enter into agreements with qualified
persons or corporations authorizing them to collect the recyclable
material at curbside or from a dropoff center and to sell the recyclable
material.
A.
Recyclable material as defined herein shall be the property of the
Township of Manchester once placed on the curbside or brought to a
dropoff center.
B.
It shall be a violation of this article for any person unauthorized by the Township Council to pick up or caused to be picked up the recyclable material as defined herein. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided by the Recycling Coordinator shall subject the offender to the fines and penalties as set forth in § 353-17.
Any person may donate or sell recyclable material to individuals
or organizations authorized by the municipality in its recycling regulations.
These materials may either be delivered to the individuals or organization's
site or they may be placed at the curb for collection by the individual
or organization on days not designated as recyclable material collection
days in the municipality's recycling regulations. The individuals
or organizations may not collect recyclable materials on or within
the 24 hours immediately preceding a regularly scheduled curbside
collection day and shall, prior to June 1 of each year, provide written
documentation to the municipality of the total amount of material
recycled during the preceding calendar year.
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.
A.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors 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 separate recycling service for their contents.
C.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.
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.
Pursuant to N.J.S.A. 13:1E-99.13a and 99.16(c):
A.
Any application to the Planning Board of the Township of Manchester
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:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)
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.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Manchester, 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.
C.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
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 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.
B.
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.
C.
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.
A.
It shall be unlawful for anyone to dispose of asphalt, concrete,
or wood waste, which includes stumps, land-clearing debris, pallets,
and waste lumber from construction or demolition projects.
B.
It shall be mandatory for all nonresidential establishments not served
by the municipal recycling program to provide a record to the Recycling
Coordinator of the types and quantities of materials recycled. Weight
receipts and/or letters on official company stationery should clearly
describe the quantity and disposition of each material and shall be
submitted quarterly.
C.
All nonresidential establishments shall further provide the Township
with the name and address of both the solid waste hauler and recycling
hauler utilized where other than that provided by the Township, and
shall further provide information to the Township of any change of
either hauler within 30 days of such change.
D.
All submissions required to be made to the Township pursuant to this
section shall be made by the 15th day of each month following the
end of the calendar quarter.
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, 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.
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 of $500. Each day for which a violation of
this article occurs shall be considered a separate offense.
