[HISTORY: Adopted by the Township Committee of the Township
of Quinton 9-2-2009 by Ord. No. 2009-07. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Quinton
Township Recycling Program."
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Salem County Solid
Waste Management Plan to be source separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
These materials cannot be deposited in the landfill and include:
Residential:
Glass containers (05): All glass containers used for packaging
food or beverages.
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute grades #6, #7 and #8 news).
Mixed office (02): All computer paper, all high-grade white
paper (including letterhead, typing paper, copier paper, onionskin,
tissue, and notepad).
Corrugated (01): Containers and similar paper items, usually
used to transport supplies, equipment, parts, or other merchandise.
Other paper/magazines/junk mail (04): All magazine stock, white
and colored paper and envelopes.
Plastic (08): Containers such as polyethylene terephthalate
(PETE #1) soda bottles, high-density polyethylene (HDPE #2) milk,
water or detergent bottles.
Yard trimmings (19): Leaves (19), grass clippings (18), stumps
(20), brush (17), and other lawn and garden trimmings from homes,
institutions, commercial or industrial sources.
Steel Cans (07): 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.
Tires (15): Rubber-based scrap automotive, truck, and specialty
tires (e.g., forklift tires).
White goods and light iron (11): 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, stainless steel and other nonstructural
ferrous scrap.
Food Scraps (23): Food plate waste and food processing wastes.
Food processing wastes include food processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food
processing residuals and animal processing wastes. If the material
is transported and processed as animal feed, it may be identified
as such.
Textiles (29): Cloth material such as cotton, linen, wool, nylon,
polyester, etc., derived from clothing, cloth diapers, linens, etc.
Commercial:
Glass containers (05): All glass containers used for packaging
food or beverages.
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute grades #6, #7 and #8 news).
Mixed Office (02): All computer paper, all high-grade white
paper (including letterhead, typing paper, copier paper, onionskin,
tissue, and notepad).
Corrugated (01): Containers and similar paper items, usually
used to transport supplies, equipment, parts, or other merchandise.
Other paper/magazines/junk mail (04): All magazine stock, white
and colored paper and envelopes.
Plastic (08): Containers such as polyethylene terephthalate
(PETE #1) soda bottles, high-density polyethylene (HDPE #2) milk,
water or detergent bottles.
Steel cans (07): 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.
Tires (15): Rubber-based scrap automotive, truck, and specialty
tires (e.g., forklift tires).
White goods and light iron (11): 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, stainless steel and other nonstructural
ferrous scrap.
Food scraps (23): Food plate waste and food processing wastes.
Food processing wastes include food processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food
processing residuals and animal processing wastes. If the material
is transported and processed as animal feed, it may be identified
as such.
Textiles (29): Cloth material such as cotton, linen, wool, nylon,
polyester, etc., derived from clothing, cloth diapers, linens, etc.
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
chapter and any rules and regulations that may be promulgated hereunder.
This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded.
Person or persons appointed by the Quinton Township Committee
who shall be authorized to enforce this chapter as directed by the
Municipal Recycling Coordinator.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the municipality
of Quinton Township.
Those materials that 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 that 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.
It shall be mandatory for all persons who are owners, lessees,
tenants or occupants of residential and nonresidential premises, including
but not limited to retail and commercial locations, government, schools
and other institutional locations within the municipality of Quinton
Township to separate designated recyclable materials from all solid
waste.
A.
Designated recyclable materials shall be placed separately at the
curb in a manner and on such days and times as may be hereinafter
established by the Quinton Township Committee.
B.
When municipal curbside collection is not provided for designated
recyclable materials, as is the case for those recyclables generated
by commercial and institution entities, it shall be the obligation
of the generator to arrange for the private collection and delivery
of designated recyclable materials to a recycling facility or to deliver
designated recyclable materials to a municipal recycling depot designated
by Quinton Township.
A.
The collection of source-separated recyclable materials shall be
in the manner prescribed as follows:
(1)
It is the responsibility of the property owner to provide adequate
size and number of containers for the separate placement of recyclables
for curbside collection as follows:
(a)
Paper products may be commingled in one container or may be
placed in brown paper bags; however, plastic bags shall not be used
for curbside collection of paper products;
(b)
Glass, food and beverage containers, metal food and beverage
containers, and plastic bottles and jugs may be commingled in one
container;
(c)
All containers and brown paper bags containing source-separated
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;
(d)
The owner or occupant of the premises shall keep all receptacles
clean and in safe handling condition.
(2)
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
B.
Residential dwelling compliance requirements. The owner of each property
shall be responsible for compliance with this chapter. For multifamily
units, including but not limited to condominium complexes and seasonal
hotel/motels and guesthouses, the management or owner is responsible
for setting up and maintaining the recycling system, including collection
of source-separated recyclable materials. Violations and penalty notices
will be directed to the owner or management in those instances where
the violator is not easily identifiable. The owner or management shall
issue notification and collection rules regarding recycling requirements
to all new tenants when they arrive and with a reminder a minimum
of every six months during their occupancy.
C.
Commercial establishment compliance requirements.
(1)
All commercial, business or industrial facilities shall be required
to comply with the provisions of this chapter.
(2)
The arrangement for collection of all categories of designated mandatory
recyclables hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or their designee, except
for those specific designated recyclable materials that are collected
by the municipality from that property. All commercial, institutional
or industrial properties at which litter is generated by employees
or the public shall provide litter and recycling receptacles. These
properties shall provide for separate recycling collection services
for the contents of the recycling receptacles.
(3)
Every business, institution or industrial facility shall report on
a quarterly basis to the Municipal Recycling Coordinator, on such
forms as may be prescribed, regarding recycling activities at their
premises, including the amount and type of recycled material not placed
curbside for municipal collection. If material is removed from the
premises by a hauler, recycler or paper shredder, the quantity and
final disposition of the material is to be reported on the form.
(4)
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.
D.
New developments of multifamily residential units or commercial,
institutional or industrial properties.
(1)
Any application to the Planning Board of the municipality of Quinton
Township for subdivision or site plan approval for the construction
of multifamily dwellings of three or more units, single-family developments
of three or more units or any commercial, institutional or industrial
development of 1,000 square feet or more, must include a recycling
plan. This plan shall contain, at a minimum, the following:
(a)
A detailed analysis of the expected composition and amounts
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 issuance of a certificate of occupancy by the municipality
of Quinton Township, 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 designated recyclable materials
for those locations or properties where the municipality does not
otherwise provide this service.
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 owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection will be
considered a violation of this chapter and the local sanitary code.
C.
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material, it shall become property of the municipality
or its authorized agent. It shall be a violation of this chapter for
any person not duly authorized to collect or pick up or cause to be
collected or picked up any recyclable materials that are the property
of the municipality, as provided for above.
A.
For all activities that require municipal approval such as construction,
demolition or public event permits, a designated recyclable materials
plan shall be filed along with all other required permit conditions.
The plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as, public events.
B.
Compliance with diversion requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this section of
the ordinance and determine, prior to the issuance of the municipal
approval or permit, whether the plan submitted by the owner of the
entity carrying out the covered activity will comply or fail to comply
with the recycling requirements set forth herein. The determination
regarding compliance will be provided, in writing, to the Municipal
Public Works Director/Supervisor and the owner of the entity carrying
out the covered project. When such plan is deemed not compliant, the
Municipal Recycling Coordinator shall include specific conditions
to be implemented by the permit holder to achieve compliance. It shall
be a violation of this chapter for any owner or permit holder to fail
to comply with the recycling requirements set forth herein.
A.
The Municipal Recycling Enforcement Officer(s) are hereby individually
and severally empowered to enforce the provisions of this chapter.
The enforcers of the ordinance may conduct an inspection at the site
of the generator, which consists of sorting through containers and
opening of solid waste bags to detect, by sound or sight, the presence
of any designated recyclable material.
B.
Additionally, the Salem County Health Department (SCHD) shall be
empowered to enforce the provisions of this chapter. The municipality
shall retain primary enforcement responsibility with the SCHD, also
serving in an enforcement role, which includes inspection of commercial
establishments and multifamily residential.
A.
If any section, paragraph, subsection, clause or provision of this
chapter shall be adjudged by a court of competent jurisdiction to
be invalid, such adjudication shall apply only to the section, paragraph,
subsection, clause or provision so adjudged, and the remainder of
this chapter shall be deemed valid and effective.
B.
This chapter shall take effect immediately upon enactment by the
governing body of the municipality.
The governing body is hereby authorized to promulgate, from
time to time, additional rules and regulations relating to the source
separation, preparation, placement and collection of recyclable materials
pursuant to the provisions of this program and chapter; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this chapter and shall be approved by
the governing body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice thereof.
Any person or entity violating, or failing to comply with, any of the provisions provided in this chapter shall, upon conviction thereof, be punishable by a fine of not less than $50 and not more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the municipal judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded warnings at the discretion of the enforcement designees before the issuance of any fines. To the extent that this Chapter 140 conflicts with any other chapter or ordinance, this chapter shall supersede.
