[HISTORY: Adopted by the Township Committee of the Township
of Delaware as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Littering — See Ch. 237.
[Adopted 12-27-2010 by Ord. No. 2010-24]
A.
DESIGNATED RECYCLABLE MATERIALS
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
MUNICIPAL RECYCLING COORDINATOR
MUNICIPAL SOLID WASTE (WSM) STREAM
OWNER
RECYCLABLE MATERIAL
RESIDENTIAL COMPLEX
RESIDENTIAL PROPERTY
SOURCE SEPARATION
SOURCE-SEPARATED RECYCLABLE MATERIALS
As used in this article, the following terms shall have the meanings
indicated:
Those materials designated within the Hunterdon County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
CORRUGATEDContainers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
MIXED OFFICE AND COMPUTER PAPERAny and all types of "office-type" paper including, but not limited to: computer paper, high-grade white paper, typing paper, copier paper, onion skin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association grades #6, #7, and #8 news).
OTHER PAPER/MAGAZINES/JUNK MAILAll paper, which is not defined, as corrugated, mixed office paper, computer paper or newspaper.
GLASS CONTAINERSAll glass containers used for packaging food or beverages.
ALUMINIUM CANSFood and beverage containers made entirely of aluminum.
STEEL CANSRigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.
PLASTIC CONTAINERSContainers including polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene and (HDPE No. 2) milk, water, or detergent, and other designated by current Township and county recycling policy.
WHITE GOODS AND LIGHT IRONAll appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other nonstructural ferrous scrap.
ANTIFREEZEAll automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
BATTERIES, LEAD-ACIDBatteries from automobiles, trucks, other vehicles, and machinery and equipment. This does not include household batteries.
USED MOTOR OILPetroleum-based or synthetic oil which, through use, storage, or handling, has become unsuitable for its original purposed due to the presence of impurities or loss of original properties.
TIRESRubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.
ANTIFREEZEAll automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
BATTERIES, LEAD-ACIDBatteries from automobiles, trucks, other vehicles, and machinery and equipment. This does not include household batteries.
USED MOTOR OILPetroleum-based or synthetic oil which, through use, storage, or handling, has become unsuitable for its original purposed due to the presence of impurities or loss of original properties.
BATTERIES, HOUSEHOLDAny type of button, coin, cylindrical rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional, or household use. This does not include lead acid batteries from vehicles.
MERCURY-CONTAINING DEVICESFluorescent and compact fluorescent tubes (CFTs), high-intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
PETROLEUM CONTAMINATED SOILNonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks, or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. Note: This material can be recycled at "Class B" facilities (for example, authorized asphalt manufacturers).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this section, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, institutional,
and establishments within the boundaries of the municipality of Delaware.
A person who has legal title of record to real property and
in the case of multifamily units and residential dwelling complexes,
such as townhouse or condominium developments, where there are multiple
owners, shall also mean the association responsible for the oversight
of the common elements within the development.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
Any building or structure, or complex of buildings in which
10 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.).
Any building or structure, or complex of buildings in which
less than 10 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).
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.
B.
Unless otherwise defined herein, certain words or terms used in this
section shall have the same meaning as such words or terms have in
the New Jersey Statewide Mandatory Source Separation and Recycling
Act, as amended (N.J.S.A. 13:1E-9.11 et seq.).
A.
In order to carry out the requirements of the New Jersey Mandatory
Source Separation and Recycling Act ("Act") and the Hunterdon County
Recycling Plan ("County Plan"), the position of Municipal Recycling
Coordinator is hereby established, to be responsible for compliance
with said Act, plan and applicable Township regulations.
B.
The responsibilities of the coordinator, in cooperation with the
Environmental Commission, shall include, but not be limited to, developing
and implementing regulations hereunder, as approved by Township Committee.
C.
The Recycling Coordinator shall be appointed by the Township Committee
and shall serve for a one-year term, effective January 1 of the year
of appointment, at a salary to be determined by ordinance of the Township.
D.
The Municipal Recycling Coordinator, in cooperation with the Environmental
Commission, shall promote the Municipal Recycling Program by educating
citizens, businesses, institutions, and organizations of the need
to participate in the Municipal Recycling Program and shall explain
to citizens, businesses, institutions, and organizations the provisions
of the mandatory recycling ordinance and assist in the enforcement
thereof.
E.
The Recycling Coordinator will report to the Township Committee and/or
the Township Administrator at least once annually on the status of
the Municipal Recycling Program, and shall from time to time advise
and make recommendations in cooperation with the Environmental Commission
as to how the requirements set forth in this article may be effectuated.
A.
The Township Committee is hereby authorized and directed to establish
and promulgate reasonable regulations as to the selection and designation
of recyclable materials to be source-separated in accordance with
this article, state law, and any applicable district recycling plan
and to establish the manner, methods and programs for the collection
and disposition of designated recyclable materials in accordance with
the provisions thereof. Such regulations as may be promulgated under
this article may be changed, modified, amended, or repealed by the
Township Committee. The Environmental Commission may make recommendations
to the Township concerning these regulations.
B.
The Environmental Commission shall make reasonable efforts to publicize
these regulations and to keep the public informed about all possibilities
to participate in the recycling effort.
C.
The Environmental Commission, through the Municipal Recycling Coordinator,
shall report annually to the Township Committee on the status of the
recycling program, provide a summary of the recycling activity of
the past year, and project the recycling operations planned for the
coming year. This will include an annual report to be delivered to
the Township Committee.
A.
Mandatory source separation; preparation of designated recyclables. From and after the date fixed by regulations promulgated by the Township Committee as recommended by the Environmental Commission, in accordance with the provisions hereof, it shall be mandatory for all persons who are owners, tenants, or occupants of residential or nonresidential premises located with the Township of Delaware to separate designated recyclable material from all other solid waste produced by the residential or nonresidential premises occupied by such persons and to prepare such designated recyclable materials for curbside collection or dropoff at a recycling center to be designated by the Township, or for separate disposition as provided under §§ 308-7 and 308-14 of this article.
B.
Curbside collection. Each type of designated recyclable material
shall be kept separate and apart (unless otherwise designated per
the Township Committee with input from curbside collection service),
and from other solid waste generated by the premises, and shall be
placed at the curb by the residential premises in a manner and on
such days and at such times as may be hereinafter established by curbside
recycling service. The occupier of the premises is responsible to
make sure containers are accessible and protected for collection purposes.
Every owner and/or occupant of residential or nonresidential premises
must contract with a private contractor for the removal and disposition
of designated recyclable materials as set forth in this article. Residential
recycling contracts must comply with the provisions of this article
and must further provide recycling pickup for not less than every
two weeks.
C.
Dropoff at designated local, county, or state facility. Each type
of designated recyclable material to be dropped off at a recycling
area pursuant to regulations adopted under this article should be
kept separate and apart from any other type of recyclable material
(unless otherwise designated by the Township Committee), and from
other solid waste generated by the premises and should be dropped
off by the owner or occupier of the premises at the recycling area
so designated.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. For multifamily units,
the management or owner is responsible for setting up and maintaining
a recycling system, including collection of recyclable materials,
in accordance with guidelines or regulations established by Hunterdon
County or Delaware Township. Violations and penalty notices will be
directed to the occupant. In instances where the violator is not easily
identifiable, violations and penalty notices will be directed to the
owner/management. The owner/management shall issue notification and
collection rules to occupants when they arrive and at least twice
annually during their occupancy.
B.
Any occupant(s) and/or owner(s) of any residential property failing
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any occupant who is in violation of this section, which
warning shall include educational information regarding proper procedures
for recycling.
(As defined in § 308-1; with 10 or more dwelling units.)
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. The owner of each residential
complex is responsible for providing a recycling depot for the entire
complex. The depot shall be equipped with owner- or contractor-supplied
receptacles for each category of designated recyclable material.
B.
Any occupant within a residential complex failing to comply with
the requirements of this article may be fined not less than $50 nor
more than $250 for each month of noncompliance.
C.
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.
The owner of each residential complex shall report to the Municipal
Recycling Coordinator by the second Wednesday of January of each year
on the recycling activity of the prior year. The report shall include
the amount of recycled material by material type and the vendor or
vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address.
E.
Any owner (or his/her agent) failing to abide by the rules and regulations
of this section may be fined up to $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to the owner which is in violation of this section. The warning
shall include educational information regarding proper procedures
for recycling including instruction as to how the owner can reasonably
provide adequate recycling facilities to ensure compliance with this
article.
A.
"Commercial, industrial, and institutional establishments" are defined
as all entities which operate or conduct any business whatsoever which
cannot be included within the definitions of a residential dwelling
or complex. Every owner and/or occupant of residential or nonresidential
premises must contract with
a private contractor for the removal and disposition of designated
recyclable materials as set forth in this article.
B.
All commercial, industrial, and institutional generators of solid
waste shall be required to comply with the provisions of this section.
C.
Arrangement for collection of designated recyclables shall be the
responsibility of the commercial, industrial, or institutional occupant.
All commercial, institutional, or industrial property owners which
provide outdoor litter receptacles and disposal service for their
contents shall also provide receptacles for designated recyclable
materials, for those materials commonly deposited, in the location
of the litter receptacle, and shall provide for separate recycling
service for their contents.
D.
Every occupant of a commercial, industrial, or institutional facility
or their designee (including solid waste and recycling transporters)
shall cooperate in communicating recycling activity. Such communication
shall include reporting to the Municipal Recycling Coordinator by
the second Wednesday of January for each year on the occupants'
recycling activity of the prior year. The report shall include the
amount of recycled material by material type and the vendor or vendors
providing recycling service. The information must be supplied to the
Municipal Recycling Coordinator and directed to the attention of the
Municipal Recycling Coordinator by name and address.
E.
If the property owner provides recycling collection services for
the occupants of the property, the owner or his designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by the second Wednesday of January
for each year on the occupants' recycling activity of the prior
year. The report shall include the amount of recycled material by
material type and the vendor or vendors providing recycling service.
The information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of the Municipal Recycling Coordinator
by name and address.
F.
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.
G.
Any commercial, industrial, or institutional occupant or owner failing
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $1,000 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any commercial, industrial, or institutional establishment
which is in violation of this section, which warning shall include
educational information regarding proper procedures for recycling.
H.
All new construction, including preconstruction demolition, shall
include, as a part of the certificate of occupancy process, a record
of the recycled materials used in the process of construction and/or
demolition. The report shall include the amount of recycled material
by material type and the vendor or vendors providing recycling service.
Any application to the Planning Board, Board of Adjustment,
or appropriate governing body, of the Township of Delaware for subdivision
or site plan approval for the construction of multifamily dwellings
of 10 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 (not to
the exclusion of other requirements):
A.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
B.
Location 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.
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 of 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 section and the local sanitary
code.
C.
Once placed in the location for collection, no person, other than
those authorized by the Township, shall tamper with, collect, remove,
or otherwise handle solid waste or designated recyclable materials.
D.
Any solid waste collector failing to abide by the rules and regulations
of this section may be fined not less than $50 nor more than $1,000.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any commercial, industrial, or institutional establishment
which is in violation of this section, which warning shall include
educations information regarding proper procedures for recycling.
A.
A minimum of once a year or when necessary to reflect program or
regulatory modifications, solid waste transporters shall notify all
customers of the following:
(1)
What materials are designated to be source-separated from solid waste
and must be recycled in Hunterdon County and that these items are
prohibited in solid waste.
(2)
That discovery of designated recyclable items in solid waste may
result in the waste not being collected and that the generator is
subject to a monetary fine.
(3)
Solid waste transporters are prohibited by law to collect solid waste
containing mandated recyclable materials.
(4)
That documentation of proof of solid waste and recycling collection
service must be maintained and that this documentation must be made
available to the property owner, municipality, or county upon request.
B.
No later than the second Wednesday of January for each year, all
solid waste transporters operating in the Township will provide a
detailed report of all recycling activities to all commercial, institutional,
and industrial solid waste customers. The report will include a breakdown
of the materials collected for each of the materials collected. The
information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of said person by name and address.
C.
No later than the second Wednesday of January for each year, all
solid waste transporters operating in the Township will provide the
Township and the county with a summary of recycling activity in that
municipality including totals of all residential, commercial, institutional,
and industrial recycling which will then be forwarded to the county
by its required date. The report will include a breakdown of the materials
collected for each of the materials collected. The information must
be supplied to the Municipal Recycling Coordinator and directed to
the attention of said person by name and address.
D.
Failure of the solid waste transporter to comply with the provisions
of this amendment to the Solid Waste Management Plan and pertinent
municipal recycling ordinance shall constitute a violation and subject
the solid waste transporters to those penalties as prescribed in this
section and state recycling regulations.
A.
Pursuant to N.J.S.A. 40:66-5.1, all residential, commercial, industrial,
and institutional generators of solid waste must, upon request by
the municipality, supply proof that solid waste and recycling collection
services have been contracted for by the generator. The information
requested for proof of service shall include provision of weight receipts
or billing statements. The procedure for requesting receipts or other
documentation will be as set forth in the regulations promulgated
by the Township Committee.
B.
Excluded from this requirement are residential generators who use
and deliver their recyclable materials to appropriate municipal, county,
or state facilities.
The Municipal Recycling Coordinator or other person(s) so designated
by the governing body are hereby individually and severally empowered
to enforce the provisions of this article. An inspection may consist
of sorting through containers and opening solid waste bags set outside
for pickup to detect, by sound or sight, the presence of any recyclable
material.
Recyclable materials presented for collection by the Township
of Delaware, in accordance with the provisions hereof, shall be and
become the property of the Township of Delaware or its authorized
agent. It shall be a violation of this section for any person to collect
or pick up or cause to be collected or picked up any such designated
presented recyclable materials, except as may be authorized by the
Township Committee. Each such collection in violation of this section,
from one or more residential or nonresidential premises, shall constitute
a separate and distinct violation of this section. Nothing herein
shall be construed to prohibit an owner, tenant, or occupant of any
residential or nonresidential premises from donating or selling recyclables
to any person or entity, whether operating for profit or not profit.
The Township Committee may, in accordance with the procedures
set forth in the Local Public Contracts Law, N.J.S.A. 40:11-1 et seq.,
enter into agreements to grant a franchise, concession, or license
to such qualified persons, partnerships, or corporations to authorize
them to collect recyclables at curbside or at the recycling area.
The Township Committee may, in its discretion, use Township personnel
to collect designated recyclable materials at curbside or at the recycling
area and sell same pursuant to the Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.).
Residents are encouraged to allow leaves to degrade naturally
on the property on which they are generated. Under the provisions
of the Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.21),
leaves are not permitted to be disposed of as waste.
Any person, corporation, or entity who violates or neglects to comply with any provision of this article or any regulations promulgated and adopted hereunder, shall, upon conviction thereof, be punishable by one or more of the following: a fine not to exceed $1,000, a term of imprisonment of not to exceed 90 days, or a period of community service not to exceed 90 days, except that violation of §§ 308-5, 308-6, 308-7, and 308-9 shall be punishable as provided therein.
