[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. IV, Recycling,
adopted 4-26-1988 by Ord. No. 2562-88, as amended.
This article shall be known and may be cited as the "Recycling
Ordinance of the Township of Toms River."
The words, terms and phrases used in this article shall have
the following meanings:
Clean all-aluminum beverage and food containers.
Any building or portion thereof designed or used exclusively
for one or more dwelling units. A building or part thereof having
cooking, sleeping and sanitary facilities designed for or occupied
by one family and which is entirely separated from any other dwelling
unit in the building by vertical or horizontal floors, and with independent
means of access.
Mixture of stone, gravel or sand and petroleum by-products
used in paving.
Lead-acid electric-generating chemical devices used in cars,
trucks, other vehicles, machinery and equipment, including flashlight
consumer batteries.
Molded, rectangular blocks of clay used in building and construction.
Powdered calcined rock and clay material used in construction.
Those properties used primarily for commercial purposes,
and those multiple-dwelling residential buildings containing more
than four dwelling units.
Construction material consisting of conglomerate gravel,
pebbles, broken stone or slag.
A housing corporation or association wherein the holder of
a share or membership interest in the corporation or association is
entitled to possess and occupy, for dwelling purposes, a house, apartment
or other unit of housing owned by the corporation or association,
or to purchase a unit of housing constructed or erected by the corporation
or association.
Cardboard of the type used to make cardboard boxes, cartons
and similar corrugated Kraft paper material.
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include: (list and define, as necessary,
those designated recyclable materials from the county recycling plan
for the residential, commercial and institutional sectors).
[Added 6-9-2009 by Ord. No. 4205-09]
Commingled: 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.
[Added 6-9-2009 by Ord. No. 4205-09]
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 devices 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.
[Added 6-9-2009 by Ord. No. 4205-09]
A private community which consists of individually owned
lots or units and provides for common or shared elements or interests
in real property.
Clean steel or tin-plated food or beverage containers.
Metal composed of or containing iron.
Clean bottles and jars made of clear, green or brown glass.
Expressly excluded are noncontainer glass, plate glass, cobalt blue
glass, porcelain and ceramic products. Caps are recyclable but must
be removed from glass bottles before being placed in recycling containers.
Plastic containers made of high-density polyethylene (e.g.,
milk and water bottles) with tops removed.
The form of ownership of real property, which consists of
the building or buildings, common elements and other property, described
in the master deed creating and establishing the same.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
governmental offices.
Includes all foliage from trees and shrubs, specifically
excluding branches and other foreign material.
Magazines, catalogs, junk mail, personal mail and used writing
paper (all colors) placed inside a brown paper bag and tied. Computer
paper, paperbacks and books with hard covers removed can be bundled
and tied.
Petroleum derivative lubricant used in motor vehicles. Recycled
at authorized locations; also accepted at authorized recycling centers.
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 guesthouses
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.).
[Added 6-9-2009 by Ord. No. 4205-09]
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.
[Added 6-9-2009 by Ord. No. 4205-09]
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Township of Toms River, New Jersey.
[Added 6-9-2009 by Ord. No. 4205-09]
Newsprint which has not been soiled.
Metal not composed of or containing iron.
High-grade paper, office paper, fine paper, bond paper, offset
paper, xerographic paper, mimeo paper, duplicator paper and related
types of cellulose materials containing not more than 10% by weight
or volume on noncellolosic materials such as laminates, binders, coatings
or saturates.
Every owner, lessee and occupant of a residence, commercial
or institutional establishment within the boundaries of the Township
of Toms River.
Plastic containers made of polyethylene teraphthalate (e.g.,
plastic soda bottles) with tops removed.
A residential condominium cooperative, fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction, comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the cost
of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No proprietary campground facility,
as defined in Section 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49),
shall be considered to be a qualified private community.
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.
[Amended 6-9-2009 by Ord. No. 4205-09]
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure from which a municipal or
private hauler collects solid waste.
The combination of commingled and paper listed above[1] 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.
[Added 6-9-2009 by Ord. No. 4205-09]
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
[Added 6-9-2009 by Ord. No. 4205-09]
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.
[Added 6-9-2009 by Ord. No. 4205-09]
Unfinished wood, branches.
Made of rubber used on cars and small motor vehicles, excluding
heavy equipment and large trucks.
Generally household appliances; any containing Freon must
be removed by a certified technician.
[1]
Editor's Note: See definition of “dual stream.”
A.
There is hereby established a program for mandatory separation of
the following recyclable materials from the municipal solid waste
stream by all persons within the Township:
[Amended 5-25-2010 by Ord. No. 4265-10]
(1)
Aluminum cans.
(2)
Asphalt.
(3)
Batteries, rechargeable.
(4)
Bricks.
(5)
Cement blocks.
(6)
Concrete.
(7)
Corrugated cardboard.
(8)
Ferrous containers.
(9)
Ferrous scrap.
(10)
Glass containers.
(11)
HDPE containers (plastic).
(12)
Leaves.
(13)
Mixed paper.
(14)
Motor oil.
(15)
Newspapers.
(16)
Stumps, tree trunks, brush.
(17)
Solid waste.
(18)
Tires off rims.
(19)
White goods.
B.
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 the Township of Toms River, 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
Township of Toms River.
[Amended 6-9-2009 by Ord. No. 4205-09]
C.
Single-stream
recycling collection.
[Added 6-9-2009 by Ord. No. 4205-09; amended 5-25-2010 by Ord. No.
4265-10]
(1)
For
those receiving municipal collection services, single-stream recyclable
materials shall be placed in suitable reusable containers clearly
labeled, except in the sections of the Township designated for automated
robocan collection. In these sections of the Township, each residence
will be provided with one robocan per residential dwelling at no charge.
For all new single-family or two-family dwellings, the developer or
owner of said dwelling shall be required to pay a fee of $100 per
robocan. The fee shall be paid to the Township prior to the issuance
of any certificate of occupancy for said residential unit.
(2)
Two
additional robocans, if available, may be purchased by the developer
or owner for an additional fee of $100 per robocan.
(3)
All
robocans issued by the Township for single-stream recycling shall
be registered to the particular residential dwelling and shall remain
the property of the Township and shall not be removed from the premises.
The owner of the residential dwelling shall be required to maintain
the assigned robocan(s) in good condition. Each owner shall be required
to immediately report any theft, loss or damage to the Director of
the Department of Public Works. In the event any robocan must be replaced,
the owner shall pay a fee of $100 to replace the lost, stolen or damaged
robocan.
(4)
The
robocan designated for single-stream recycling shall be royal blue
in color and be placed at the curb or other area designated for collection.
D.
It shall
be mandatory for all nonresidential establishments, apartment buildings,
residential condominiums, cooperatives, fee simple communities, horizontal
property regimes, and qualified private communities not served by
the municipal recycling program to provide a record to the municipality
of the types and quantities of material recycled. This record shall
be provided by the nonresidential establishments, apartment buildings,
residential condominiums, cooperatives, fee simple communities, horizontal
property regimes, qualified private communities or by their solid
waste (recycling) hauler. Weight receipts and/or letters on official
company stationary shall be submitted monthly.
[Added 6-9-2009 by Ord. No. 4205-09]
E.
All nonresidential
establishments, apartment buildings, residential condominiums, cooperatives,
fee simple communities, horizontal property regimes, qualified private
communities or the solid waste (recycling) hauler shall further provide
the municipality with the name and address of both the solid waste
hauler and recycling hauler utilized, where other than that provided
by the municipality, and shall further provide information to the
municipality of any change of either hauler within 30 days of such
change.
[Added 6-9-2009 by Ord. No. 4205-09]
F.
Sale of
recycled leaf and wood chip mulch. The Department of Public Works
produces recycled leaf and wood chip mulch. This product is free to
residents. Excess mulch may be offered for sale to nonresidents and
other entities for a fee to be established by the Director, with the
approval of the Administrator. The fee shall be posted at the Public
Works facility.
[Added 5-25-2010 by Ord. No. 4265-10]
[Amended 6-9-2009 by Ord. No. 4205-09]
A.
Residential dwelling compliance requirements. 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.
B.
Nonresidential establishment compliance requirements.
(1)
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
(2)
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or his or her designee. All commercial, institutional
or industrial properties 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
(3)
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.
C.
New developments of multifamily residential units or commercial,
institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a
and 13:1E-99.16c).
(1)
Any application to the Planning Board of the Township of Toms River
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:
(a)
A detailed analysis of the expected composition and amount of
solid waste and recyclables generated at the proposed development;
and
(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 the issuance of a certificate of occupancy by the Township
of Toms River, 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.
(3)
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Township Engineer.
D.
Prohibition of the collection of solid waste mixed with recyclable
materials.
(1)
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.
(2)
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.
(3)
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.
All persons within the municipality where service is provided
for refuse and recycling shall separate leaves from other solid waste
generated at their premises and, unless the leaves are stored or recycled
for composting or mulching on the premises, place the leaves at the
curb in bags (loose unbagged leaves are not accepted), or other designated
area for collection at such times and dates and in the manner established
by the municipality's recycling regulations.
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the municipality in its recycling regulations.
These materials shall first be delivered to the individual's or organization's
site and shall not be placed at the curb for collection by said individual
or organization unless specific authorization has been given by the
Director of Public Works or his representatives. Said individuals
or organizations shall, prior to January 31 of each year, provide
written documentation to the municipality of the total amount of material
recycled during the preceding calendar year, to be submitted on a
monthly basis.
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 442-12 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 6-9-2009 by Ord. No. 4205-09]
A.
The Director of Public works or his or her representative is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 442-12 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Township Council by adoption of a resolution implementing the same. The Director of Public works or his or her representative is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.
B.
The code Enforcement Official, The Director of Public Works or his
or her representative, 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.
[Amended 6-9-2009 by Ord. No. 4205-09]
A.
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 not less than $100, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offense.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund.
