[Adopted 5-19-2009 by Ord. No. 2009-04]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL USE
An activity involving the sale of goods or services carried out for profit.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling and to include glass (food or beverage containers); aluminum (beverage containers, clean foil sheets and pie plates); tin cans (steel and tin plated); plastics [clear plastic containers (PETE #1) and colored plastic containers (HDPE #2)].
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Warren County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include but are not limited to commingled materials, as defined herein, and paper, as follows:
A. 
CORRUGATEDContainers and similar paper items usually used to transport supplies, equipment parts or other merchandise;
B. 
MIXED OFFICE AND COMPUTER PAPERAny and all types of office type paper, including, but not limited to, computer paper, high-grade white paper, typing paper, copier paper, onionskin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof; and
C. 
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grades #6, #7 and #8 news), as well as any other recyclable materials that may be designated by the County of Warren and the Township of Allamuchy from time to time.
HOTEL
A. 
Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 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.
B. 
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.
MULTIFAMILY DWELLING
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 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.).
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Township of Allamuchy.
RECYCLABLE MATERIAL
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
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.
TOWNSHIP RECYCLING COORDINATOR
The person or persons appointed by the Allamuchy Township Mayor and Council and who shall be authorized to enforce the provisions of this article and any rules and regulations which may be promulgated hereunder.
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 Township of Allamuchy, 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 Mayor and Council of the Township of Allamuchy.
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 article which require 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 Township 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 shall provide written documentation to the Township 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 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.
B. 
All receptacles or dumpsters shall be kept in a clean and safe manner.
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 the 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 Township provides for the collection of designated recyclable materials from commercial, institutional or industrial properties. 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. 
Annually every business, institution or industrial facility shall report to the Township Recycling Coordinator the recycling activities undertaken at its premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. The forms to be used will be provided by the Municipal Recycling Coordinator.
D. 
All food service establishments, as defined in the applicable 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 Allamuchy 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; and
(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 Allamuchy, 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 Township 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 resident or occupant to properly segregate 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 applicable health 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 Township, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
The Recycling Coordinator, the Zoning Officer, the Building Inspector, the Housing Officer or other code enforcement officer, the State Police and the Warren County Health Department 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.
Any individual, 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 liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code. Each day for which a violation of this article occurs shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).