[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 1-21-2009 by Ord. No. 2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 147.
Property maintenance — See Ch. 179.
Sanitary Code — See Ch. 274.
[1]
Editor's Note: This ordinance also superseded former Ch. 201,
Solid waste, consisting of Art. I, Recycling, adopted 5-5-1988 by
Ord. No. 11-88, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Yard trimmings, rags, wood, cardboard and other combustible
waste solids of a nonvolatile or explosive nature.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Sussex County.
The Sussex County Solid Waste Management Plan for residential
and nonresidential generators.
Animal or vegetable waste solids resulting from the handling,
preparation, cooking and consumption of food.
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 in
the Hotel and Multiple Dwelling Law, 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 chapter 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 municipality
of Hopatcong.
All solid waste material which does not burn.
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Recyclable
Class
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Definition
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|---|---|
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01
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ALUMINUM CANS — Food and beverage containers made entirely
of aluminum.
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02
|
ANTIFREEZE — An automotive engine coolant consisting of
a mixture of ethylene glycol and water or propylene glycol and water.
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03
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COMPUTER PRINTOUT/WHITE LEDGER — All computer paper, all
high-grade white paper (including letterhead, typing paper, copier
paper, onionskin, tissue and note pad).
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04
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CONCRETE, ASPHALT AND MASONRY/PAVING MATERIAL — Asphalt,
concrete, brick, cinder block, patio blocks, and other masonry and
paving materials.
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05
|
CONSUMER BATTERIES — Any type of button, coin, cylindrical,
rectangular or other shaped, enclosed device or sealed container which
is utilized as an energy source for commercial, industrial, medical,
institutional, or household use (does not include lead acid batteries
from vehicles).
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06
|
CORRUGATED — Containers, brown grocery bags, and similar
paper items, usually used to transport supplies, equipment, parts
or other merchandise, dunnage.
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07
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GLASS CONTAINERS — All glass containers used for packaging
food or beverages.
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08
|
HEAVY IRON — All structural steel or ferrous metal, cast-iron
components.
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09
|
LEAD ACID BATTERIES — Batteries from automobiles, trucks,
other vehicles and machinery and equipment, which shall be stored
in a manner that protects them from the elements to avoid corrosion
and leakage.
|
|
10
|
LEAVES AND BRUSH — Leaves, brush and other yard trimmings,
including grass clippings, from institutions, commercial or industrial
sources.
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11
|
MAGAZINE AND JUNK MAIL — Magazine stock, white and colored
paper and envelopes, telephone directories and books.
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|
12
|
MERCURY CONTAINING DEVICES — Including fluorescent and
compact tubes, high-intensity Discharge (HID) and neon lamps, electrical
switches, thermostats, thermometers and any batteries containing mercury.
|
|
13
|
MIXED OFFICE PAPER — Items listed in computer printout/white
ledger category when mixed with envelopes, manila folders and colored
paper. Material is generated by commercial/institutional sources.
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|
14
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NEWSPAPER — All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute grade Nos. 6, 7 and 8 news).
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15
|
PLASTIC CONTAINERS — Containers such as polyethylene terephthalate
(PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2)
milk, and water or detergent bottles.
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16
|
SCRAP AUTOS — Crushed or shredded automobile or truck
bodies, excluding auto shredder residue or "fluff."
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17
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STEEL CANS — 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.
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18
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STUMPS, LOGS AND TREE PARTS — Unfinished wood from land-clearing
projects, storm damage or pruning activities.
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19
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TEXTILES — Textiles larger than 15 inches by 15 inches
(e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belt,
shoes, handbags. and small stuffed animals).
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20
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TIRES — Rubber-based scrap automotive and truck tires.
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21
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USED CONSUMER ELECTRONICS — Any appliance used in a business
that includes circuitry. Includes components and subassemblies of
the electrode products. Examples include computers and peripherals,
printers, copiers, VCRs, televisions, cell phones and fax machines,
etc.
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22
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USED MOTOR OIL — A petroleum base or synthetic oil whose
use includes, but is not limited to, lubrication of internal combustion
engines, which through use, storage or handling has become unsuitable
in its original purpose due to the presence of impurities or loss
of original properties.
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23
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WHITE GOODS AND LIGHT IRON — 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, and other nonstructural ferrous scrap.
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|
24
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WOOD SCRAP — Unfinished lumber from construction or demolition
projects, including pallets. "Unfinished" shall mean nonchemically
treated (not pressure treated, impregnated with preservatives, insecticides,
fungicides, creosote, or other chemicals, and not painted, resin coated
or otherwise surface treated, and not laminated or bonded, and not
similarly altered from its natural condition).
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25
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NONFERROUS AND ALUMINUM SCRAP — All noncontainer aluminum,
stainless steel, copper, zinc, brass, and other metals which generally
do not rust.
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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.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, and
solid market and industrial wastes, whether combustible or noncombustible.
Each separate and distinct residential living unit with a
separate address such as a single-family house, townhouse, condominium,
or apartment.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
A.
The owner, agent, lessee, tenant, or occupant of every dwelling house
or other premises where refuse accumulates shall provide and keep
on such premises sufficient and suitable receptacles with tight-fitting
covers for receiving and holding the refuse.
(1)
"Sufficient" is defined for the purpose of this section to be at
least one receptacle for each family unit or other occupant of premises
and at least two such receptacles for each commercial or business
establishment where the aforesaid refuse shall accumulate, but each
occupant of premises shall provide sufficient receptacles to store
all refuse which may be accumulated there between the times when such
refuse is disposed of as hereinafter provided.
(2)
"Suitable" is defined for the purpose of this section to be a watertight
metal, rubber or plastic receptacle with a tight-fitting cover so
constructed as to prevent spilling or leakage of its contents.
B.
Each receptacle for use at a single residence shall have a capacity
of not more than 35 gallons and be equipped with a pull handle or
handles.
C.
Receptacles for refuse from multidwelling units or industrial premises may have a greater capacity than that prescribed in Subsection B of this section, provided that they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
D.
Receptacles that are badly broken or otherwise fail to meet the requirements
of this section may be classed as refuse and collected and disposed
of as such by the person or agency responsible for the collection
of refuse, provided that such receptacle shall not be collected if
it appears to have been suitable under the definition of this section
at some previous time without a written notice being delivered to
the owner of the fact that the receptacle is not deemed suitable at
least 10 days before the receptacle is collected.
E.
Receptacles shall be conveniently located on premises for the storage
of refuse and maintained in such a manner with the cover in place
as to prevent creation of a nuisance or menace to public health.
A.
Garbage shall be thoroughly and completely drained of all liquids,
wrapped securely in paper or placed in paper bags and placed in a
receptacle as herein described.
B.
Combustible or noncombustible waste of such a nature that it cannot
be deposited in a receptacle shall be securely and properly tied into
bundles or packages to prevent spilling or scattering. The bundles
or packages shall be of a size and weight to permit ease of handling
by one man and shall be packaged or otherwise assembled in quantities
weighing not more than 40 pounds.
C.
Receptacles for refuse shall not be set out for collection except
during hours of a day scheduled for collection of refuse or the evening
before.
D.
The person occupying any premises whereon a business or industry
is conducted shall arrange for the removal of refuse from such premises
each day unless sufficient and suitable facilities are provided and
used for the storage of such refuse within a building on such premises
until the refuse is removed.
E.
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.
A.
Garbage shall be collected curbside at the nearest public street
by the Borough of Hopatcong weekly on a schedule to be adopted by
the Borough Council and posted in the municipal building.
B.
The maximum number of containers per residential unit shall be three.
C.
Bulk items, subject to regulations and restrictions established from
time to time by the Borough Administrator, may be placed curbside
for pickup. No bulk items will be accepted at the recycling center.
Each bulk item placed curbside shall have a maximum weight of 50 pounds.
The bulk items must have a sticker affixed to the item which may be
purchased at the Health Department. The stickers for bulk items shall
cost $10 per item. The Borough Administrator may establish a policy
of reducing or waving the fees in this section for senior citizens.
[Added 2-18-2009 by Ord. No. 8-2009; amended 8-5-2009 by Ord. No.
27-2009]
D.
Vegetative waste, including grass clippings and leaves, may not be
disposed in the regular municipal solid waste collection. Leaves may
be disposed of by placing them in biodegradable brown bags and transporting
them to the municipal collection center or placing them curbside on
dates designated by the Borough Administrator for collection. Brush
or limbs will not be collected, but brush or limbs up to a four-inch
diameter can delivered to the municipal collection center.
[Added 2-18-2009 by Ord. No. 8-2009]
E.
Christmas trees will be collected during designated weeks in January.
The trees must have the stand and ornaments removed and cannot be
in plastic or other bags. Residents may bring their Christmas tree
to the municipal collection center during operating hours.
[Added 2-18-2009 by Ord. No. 8-2009]
F.
White goods will be collected by the municipality or designated contractor
upon the payment of a collection fee of $10. White goods may be delivered
to the collection center for free. No item that contains refrigerant
will be collected or accepted without the refrigerant being removed
and a proper certificate of removal attached. The Borough Administrator
may establish a policy of reducing or waving the fees in this section
for senior citizens.
[Added 2-18-2009 by Ord. No. 8-2009]
No refuse shall be disposed of except at a sanitary landfill
established, conducted, operated and maintained in accordance with
standards established by the State Department of Environmental Protection.
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 municipality of Hopatcong, 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
(municipality or department within the municipality).
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, 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 chapter, 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.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers 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 accordance with
the Health Code of the municipality of Hopatcong.
The owner of any property shall be responsible for compliance
with this chapter. 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 chapter.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or its 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 its 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.
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.[1]
C.
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable material.
Prior to the issuance of a certificate of occupancy by the municipality
of Hopatcong, 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.
The Code Enforcement Officer may, by regulation approved by
the Borough Council, adopt rules and regulations to carry out the
provisions of this section, and the violation of such rules and regulations
shall constitute a violation of this section.
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, and the Hopatcong County Department of Health (one or more
may be chosen) are hereby individually and severally empowered to
enforce the provisions of this chapter. An inspection may consist
of sorting through containers and the opening of solid waste bags
to detect, by sound or sight, the presence of any recyclable material.
A.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this chapter or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day for which a violation of this chapter occurs shall be considered
a separate offense.
B.
Fines levied and collected pursuant to the provisions of this chapter
for Recycling violations shall be immediately deposited into the Municipal
Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling
Trust Fund shall be used for the expenses of the municipal recycling
program, including, for example, purchase of containers for distribution,
educational materials, inspection costs.
