[Adopted 5-4-2009 by Ord. No. 2009-6[1]]
[1]
Editor's Note: This local law also repealed former Art. III,
Recycling, adopted 8-29-1988 by Ord. No. 88-7.
The following terms, whenever used or referred to in this article,
shall have the following respective meanings for the purposes hereof,
unless a different meaning clearly appears from the context:
Includes all aluminum containers used for the packaging of
food or drink for human consumption.
An activity involving the sale of goods or services carried
out for profit.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Includes all products made from silica or sand, soda ash
and limestone; which said product shall be transparent or translucent
and being used for packaging or bottling of food or drink for human
consumption, being bottles and jars; excluding, however, blue or flat
glass, commonly known as "window glass," "leaded glass," "cookware,"
"dishware" or "mirror glass."
Those materials designated within the Warren County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling:
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Aluminum cans
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Antifreeze
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Asphalt and concrete pavement
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Carpet
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Computer paper
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Computers
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Corrugated cardboard
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Fluorescent tubes
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Glass bottles and jars
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High-grade white office paper
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Household batteries
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Laser and inkjet cartridges
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Latex paint *
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Lead-acid batteries
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Leaves and yard waste (brush, tree parts)
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Magazines and mixed paper
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Newsprint
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Nontreated wood
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Oil filters
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Plastic containers (Types 1 and 2)
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Propane tanks
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Scrap metals (including junkyard autos)
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Source-separated metal
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Steel and tin cans
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Stumps
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Textiles/Clothing
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Tires
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Used motor oil
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White goods
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Note:
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*The County designates latex paint, but only if the PCFA restarts
its collection of the material.
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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.
Any building, including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 120 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept, used, maintained, advertised
as, or held out to be, a place where sleeping or dwelling accommodations
are available to transient or permanent guests. This definition shall
also mean and include any hotel, motor hotel, motel, or established
guesthouse, which is commonly regarded as a hotel, motor hotel, motel,
or established guesthouse, as the case may be, in the community in
which it is located; provided that this definition shall not be construed
to include any building or structure defined as a multiple dwelling
in this act, registered as a multiple dwelling with the Commissioner
of Community Affairs as hereinafter provided, and occupied or intended
to be occupied as such, nor shall this definition be construed to
include a rooming house or a boardinghouse as defined in the Rooming
and Boarding House Act of 1979, P.L.1979, c.496 (N.J.S.A. 55:13B-1
et seq.) or, except as otherwise set forth in P.L.1987, c.270 (N.J.S.A.
55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging
facility, as defined in this section.
Any building or structure or complex of buildings in which
three or more dwelling units are rented or leased or offered for rental
or lease for residential purposes (see N.J.S.A. 13:1E-99.13a), except
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 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 Municipality
of Franklin.
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.
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.
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;
Includes all bimetal and tin-coated steel cans used for packaging
beverages or prepared foods for human or animal consumption.
All petroleum-based or synthetic oil which is used in an
internal-combustion engine, which oil, through use, storage or handling,
has become unsuitable for its original purpose due to the presence
of chemical or physical impurities or loss of original properties.
Bulky recyclable wastes of metal and shall include scrap
metal and metal appliances such as refrigerators, dishwashers, dryers,
clothes washers and water heaters.
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 Franklin, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by owners, tenants, or occupants of such premises and shall be placed separately at the side of the road in the manner and on such days as arrangements for pick-up by haulers have been made by said parties who generated the waste. Alternatively, residents may bring their recyclable materials to the Township drop-off center located on Asbury-Broadway Road on the times and dates posted in § 83-15 of this article.
B.
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 forms 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 the 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, any certification and a certification
that the designated recyclable materials will be recycled, and that,
at least on an annual basis, said recycling service provider 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 materials shall be in the manner
prescribed as follows: All residents and occupants as owners or tenants
of residential properties, as well as owners, occupants or tenants
of commercial, business and industrial properties, along with private
public governmental institutions, unless otherwise herein exempt or
which have arranged for disposal through private handlers, shall separate
from disposable waste all recyclable materials as herein provided
and deliver said recyclables to the Franklin Township recycling shed
located at the municipal garage on Asbury-Broadway Road, being County
Road #643, during the times and dates as follows:
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Franklin Township Recycling Drop-Off Center's Business
Hours
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First Saturday of each month from 9:00 a.m. until 1:00 p.m.;
and
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Third Wednesday of each month from 12:30 p.m. until 4:30 p.m.
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A.
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this article.
B.
For multifamily units, the management or owner is responsible for
setting up and maintaining the recycling system, including designation
of a building/complex recycling coordinator who will oversee the recycling
system which includes the collection of recyclable materials.
C.
Violations and penalty notices will be directed to the owner, occupant,
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, business or industrial facilities 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 its designee, unless the municipality provides for
the collection of designated recyclable materials. 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 separate recycling service for their contents.
C.
Annually, every business, institution or industrial facility shall
report to the Municipal Recycling Coordinator the recycling activities
undertaken at its premises, including the amount of recycled materials,
by material type, elected and recycled and the vendor or vendors providing
recycling service. The forms to be used shall be provided or approved
by the Municipal Recycling Coordinator.
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.
Any application to the Land Use Board of the Township of Franklin
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.
(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.
(3)
Provisions shall be made for the indoor or enclosed outdoor storage
and pickup of solid waste, to be approved by the Municipal Engineer.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Franklin, 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, or provide
the municipality with a plan for recycling, which may include transporting
recyclable materials to the Township's Recycling Center.
A.
Prohibitions.
(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.
(2)
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
separate the uncollected 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.
The Township Board of Health, the Recycling Coordinator, the Zoning
Officer, the Building Inspector, or other Code Enforcement Officer,
the State Police and the Warren County Department of Health are hereby
individually and severally empowered to enforce the provisions of
this article.
B.
An inspection by these authorized enforcement agents may consist
of sorting through containers and opening solid waste bags to detect,
by sound or sight, the presence of any recyclable material.
Any person, corporation or 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 $250, nor more than
$1,000. Each day for which a violation of this article occurs shall
be considered a separate offense.
In the event it is determined by a court of competent jurisdiction
that any provision or section of this article is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately, unless otherwise provided by resolution
of the governing body.
A.
Position. The Township hereby establishes the position of Recycling
Coordinator pursuant to P.L. 1981, c. 278,[1] as amended within and for the Township of Franklin in
the County of Warren.
[1]
Editor's Note: This act, the Clean Communities and Recycling
Act, N.J.S.A. 13:1E-92 through 13:1E-95, was repealed by L. 2002,
c. 128, effective 12-20-2002. See now the Clean Communities Program
Act, N.J.S.A. 13:1E-213 et seq.
B.
Duties. The Recycling Coordinator, as appointed, has the following
duties and responsibilities:
(1)
To study methods of recycling materials and to recommend to the Mayor
and Township Committee alternative methods that appear to be viable
within the Township of Franklin.
(2)
To establish a recycling program in the Township with recommendations
for the recycling ordinance and to provide and enforce same.
(3)
To establish and promulgate reasonable rules and regulations to fulfill
and carry out said program.
(4)
To coordinate the activities of recycling within the Township of
Franklin with the County of Warren and other governmental agencies.
(5)
To recommend and establish the manner, days and times of collection,
sorting and transportation of recyclable materials.
(6)
To study the sale and/or marketing possibilities of recycling materials
and to coordinate all activities with the county recycling plans.
(7)
To keep records as to amounts of recyclable materials collected by
their various categories, which shall include a waste list for type
of materials transported from the recycling program of the Township
as well as a waste list from private industry or businesses, and to
further collect, file and record waste oil paperwork from designated
waste oil depositories.
(8)
To compile and maintain quarterly weight receipts and reports, monitor
progress of the program in the Township, and file required annual
tonnage reports with the county or state as may be required or as
a means or basis for the obtaining of the recycling grants towards
the further development of the recycling program in the Township.
(9)
To attend the Franklin Township monthly committee meeting and provide
regular reports to the Township Committee of the progress or of any
problems with the recycling program or the enforcement thereof within
the Township of Franklin.
(10)
To research and apply for, on behalf of the municipality, any
available state and federal grants, and then to oversee that successful
grant proceeds are disbursed according to grant guidelines.
(11)
To act as the spring clean-up coordinator by supervising facilities
and to coordinate with the Franklin Township Public Works Department,
and the Franklin Township Clerk, the date, time, place and procedure
for the annual Franklin Township Spring Clean-Up.
(12)
To collect all weight slips to be used in the yearly tonnage
report.
A.
All waste motor oils disposed of either by owners or occupants of
residential properties or by owners or tenants of businesses, commercial
and industrial establishments shall be collected and stored in proper
containers upon their respective properties and shall then be delivered
to state-approved waste motor oil recycling establishments as designated
by the Township Committee.
B.
Upon the delivery and depositing of said waste oils to said center,
the proper documentation shall be completed and recorded as to the
amount by quantity and name of the individual or agent for any business,
commercial or industrial establishment. The designated center(s) shall
provide the Recycling Coordinator and/or the Township Clerk a yearly
statement regarding the total amount of motor oil collected. The yearly
report shall be submitted no later than January 2 of the year immediately
proceeding the year it reports.
The Township hereby assumes ownership of all recyclable materials
once dropped off at the Township recycling shed.
Collection of recyclable materials as defined herein by unauthorized
persons is hereby strictly prohibited. Violations of such collection
shall constitute a separate and distinct offense punishable as hereinafter
provided.
The owners, tenants or operators of all businesses, commercial
and/or industrial establishments may be declared exempt under the
collection process of this article, until amended, by continuing their
use of an established private collection of recyclable materials certifying
as to the existence of said private contract. Said certification shall
have attached thereto the contract for the collection, delivery and
pickup of recyclable materials listing the materials subject to said
contract. Said establishment shall not be exempt from the recycling
of the materials set forth in this article that are not collected
by said private collector.
