[Adopted 12-22-2008 by Ord. No. 2008-27]
As used in this article, the following terms shall have the
meanings indicated in this section:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Sussex County District
Solid Waste Management Plan (See N.J.S.A. 13:1E-99.13a.) to be source-separated
for the purpose of recycling. These materials include:
[Amended 2-13-2012 by Ord. No. 2012-2]
(As defined by the Sussex County Solid Waste Management Plan
— Residential Generators)
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Class Material and Definition
| ||
01-
|
Aluminum Cans — Food and beverage containers made entirely
of aluminum
| |
03-
|
Computer Printout/White Ledger — All-computer paper, all
high-grade white paper (including letterhead, typing paper, copier
paper, onionskin, tissue and note pad)
| |
06-
|
Corrugated — Containers, brown grocery bags, and similar
paper items, usually used to transport supplies, equipment, parts
or other merchandise
| |
07-
|
Glass Containers — AU glass containers used for packaging
food or beverages
| |
10-
|
Leaves and Brush Leaves — Brush and other yard trimmings,
including grass clippings, from institutions, commercial or industrial
sources
| |
11-
|
Magazine and Junk Mail  — Magazine stock; white
and colored paper and envelopes, telephone directories and books
| |
13-
|
Mixed Office Paper — Items listed in computer printout/white
ledger category when mixed with envelopes, manila binders and color
paper. Material is generated by commercial/institutional sources.
| |
14-
|
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)
| |
15-
|
Plastic containers — Containers such as polyethylene terephthalate
(PETE-#1) soda bottles, high-density polyethylene (HDPE-#2) milk,
and water or detergent bottles
| |
17-
|
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
| |
18-
|
Stumps, Logs and Tree Parts — Unfinished wood from land-clearing
projects, storm damage or pruning activities
| |
19-
|
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)
| |
20-
|
Tires — Rubber-based scrip automotive and truck tires
| |
22-
|
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
| |
(As defined by the Sussex County Solid Waste Management Plan
— Nonresidential Generators, Commercial and Institutional Sectors)
| ||
Class Material and Definition
| ||
01-
|
Aluminum Cans — Food and beverage containers made entirely
of aluminum
| |
02-
|
Antifreeze — An automotive engine coolant consisting of
a mixture of ethylene glycol and water or propylene glycol and water
| |
03-
|
Computer Printout/White Ledger — All-computer paper, all
high-grade white paper (including letterhead, typing paper, copier
paper, onionskin, tissue and note pad)
| |
04-
|
Concrete, Asphalt and Masonry/Paving Material — Asphalt,
concrete, brick, cinder block, "patio blocks," and other masonry and
paving materials
| |
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.)
| |
06-
|
Corrugated — Containers, brown grocery bags, and similar
paper items, usually used to transport supplies, equipment, parts
or other merchandise
| |
07-
|
Glass Containers — AU glass containers used for packaging
food or beverages
| |
08-
|
Heavy Iron — All structural steel or ferrous metal, cast
iron components
| |
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
| |
11-
|
Magazine and Junk Mail — Magazine stock; white
and colored paper and envelopes, telephone directories and books
| |
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 binders and color
paper. Material is generated by commercial/institutional sources.
| |
14-
|
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)
| |
15-
|
Plastic Containers — Containers such as polyethylene terephthalate
(PETE-#1) soda bottles, high-density polyethylene (HDPE-#2) milk and
water or detergent bottles
| |
16-
|
Scrap Autos — Crushed or shredded automobile or truck
bodies, excluding auto shredder residue or "fluff"
| |
17-
|
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
| |
18-
|
Stumps, Logs and Tree Parts — Unfinished wood from land-clearing
projects, storm damage or pruning activities
| |
19-
|
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)
| |
20-
|
Tires — Rubber-based scrip automotive and truck tires
| |
21-
|
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.
| |
22-
|
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
| |
23-
|
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
| |
24-
|
Wood Scrap — Unfinished lumber from construction or demolition
projects including pallets. Unfinished shall mean non-chemically 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)
| |
25-
|
Nonferrous and Aluminum Scrap — All noncontainer aluminum,
stainless steel, copper, zinc, brass and other metals which generally
do not rust
|
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 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.).[1]
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 municipality
of the Town of Newton.
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.
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.Â
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 the Town of Newton, 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 Town of Newton Department of Public Works.
B.Â
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.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.Â
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 7:00
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.Â
All receptacles or dumpsters shall be kept clean and in a safe manner
in accordance with the Health Code of the municipality of the Town
of Newton.
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.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
B.Â
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or his 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.Â
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.Â
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.Â
Any application to the Planning Board of the municipality of the
Town of Newton 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)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development. (Note:
A calculation of average amounts of materials generated from similar
facilities in the County may be provided to satisfy this requirement.)
(2)Â
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.Â
Prior to the issuance of a certificate of occupancy by the Town of
Newton, 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.Â
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.13a and 13:1E-99.16c.
A.Â
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.Â
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 Town of Newton
sanitary regulations and/or the State Sanitary Code.[1]
C.Â
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.
The Code Enforcement Official, the Recycling Coordinator, the
Property Maintenance Official, and the Sussex 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.
A.Â
B.Â
Fines levied and collected pursuant to the provisions of this article
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 purchase of containers for distribution, educational material,
and purchase of equipment to continue to operate the recycling center
and curbside pickup.