[HISTORY: Adopted by the Township Committee
of the Township of East Amwell as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-28-1988 by Ord. No. 88-02]
A permit shall be required to participate in
any Clean-Up Day.
[Amended 3-14-2002 by Ord. No. 02-06; 3-10-2011 by Ord. No. 11-05; 5-9-2019 by Ord. No. 19-04; 6-9-2022 by Ord. No. 22-06]
The fee for the permit shall be $25 for a car,
$35 for an SUV or other large-capacity passenger vehicle, such as
a minivan, and $45 for a pickup truck. Trailers and trucks over one
ton will have a fee between $25 and $75 priced at the discretion of
the Township representative.
[Amended 5-9-2019 by Ord. No. 19-04]
Wooden objects over four inches thick and four
feet long by four feet wide may be rejected at the discretion of the
Township representative.
A person convicted of violating any provision
of this article shall be subject to one or more of the following:
a fine not to exceed $1,000, a term of imprisonment of not to exceed
90 days, or a period of community service not to exceed 90 days
A.
DESIGNATED RECYCLABLE MATERIALS
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
MUNICIPAL RECYCLING COORDINATOR
MUNICIPAL SOLID WASTE (MSW) STREAM
RECYCLABLE MATERIAL
RESIDENTIAL PROPERTY
RESIDENTIAL COMPLEX
SOURCE-SEPARATED RECYCLABLE MATERIALS
SOURCE-SEPARATION
As used in this article, the following terms shall have the meanings
indicated:
Those materials designated within the Hunterdon County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
Designated recyclable materials for the generators of residential,
commercial, industrial and institutional waste:
CORRUGATEDContainers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
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.
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grades Nos. 6, 7 and 8 news).
OTHER PAPER/MAGAZINES/JUNK MAILAll paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
GLASS CONTAINERSAll glass containers used for packaging food or beverages.
ALUMINUM CANSFood and beverage containers made entirely of aluminum.
STEEL CANSRigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.
PLASTIC CONTAINERSContainers including polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene and (HDPE - No. 2) milk, water or detergent and others designated by current Township and County recycling policy.
Additional designated recyclable materials for the generators
of commercial, industrial and institutional waste:
WHITE GOODS and LIGHT IRONAll 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.
ANTIFREEZEAll automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
BATTERIES, LEAD-ACIDBatteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
USED MOTOR OILPetroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
TIRESRubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.
Designated recyclable materials from generators of residential
waste that are collected by Hunterdon County and other licensed municipal
solid waste collectors:
ANTIFREEZEAll automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
BATTERIES, LEAD-ACIDBatteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
USED MOTOR OILpetroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
BATTERIES, HOUSEHOLDAny type of button, coin, cylindrical, rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. This does not include lead-acid batteries from vehicles.
MERCURY CONTAINING DEVICESFluorescent and compact fluorescent tubes (CFTs), high-intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
PETROLEUM-CONTAMINATED SOILNonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. Note: This material can be recycled at "Class B" facilities (for example, authorized asphalt manufacturers).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this chapter, 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 East Amwell Township.
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.
Any building or structure or complex of buildings in which
less than three 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).
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 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.).
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.
B.
Unless otherwise defined herein, certain words or terms used in this
article shall have the same meaning as such words or terms have in
the New Jersey Statewide Mandatory Source-separation and Recycling
Act, as amended (N.J.S.A. 13:1E-9.11 et seq.).
A.
In order to carry out the requirements of the New Jersey Mandatory
Source-separation and Recycling Act ("Act") and the Hunterdon County
Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator
is hereby established, to be responsible for compliance with said
act, plan and applicable Township regulations.
B.
The responsibilities of the coordinator, in cooperation with the
Recycling Committee, shall include, but not be limited to, developing
and implementing regulations hereunder.
D.
The Recycling Coordinator will report to the Township Committee and/or
the Township Administrator at least once annually on the status of
the municipal recycling program, and shall from time to time advise
and make recommendations as to how the requirements set forth in this
chapter may be effectuated.
E.
The Municipal Recycling Coordinator, in cooperation with the Recycling
Committee, shall promote the municipal recycling program by educating
citizens, businesses, institutions, and organizations of the need
to participate in the municipal recycling program and shall explain
to citizens, businesses, institutions and organizations the provisions
of the mandatory recycling ordinance and assist in the enforcement
thereof.
A.
Membership.
[Amended 3-9-2017 by Ord.
No. 17-02; 6-9-2022 by Ord. No. 22-06]
(1)
There is hereby established a Recycling Committee in the Township
of East Amwell. Membership on this Committee shall consist of the
following:
(a)
The Recycling Coordinator.
(b)
The Township appointee to the County Solid Waste Advisory Council
(SWAC) with voting privileges.
(c)
A member of the Township Committee: nonvoting member.
(d)
A member or the Secretary of the Township Environmental Commission.
(e)
Not less than seven members-at-large but no more than 11 members-at-large.
(f)
One or more youth members, nonvoting.
(2)
All members shall be appointed by the Township Committee. The Recycling Coordinator will serve as established in § 120-6; the SWAC member will be ex officio, and the members of the Township Committee and Environmental Commission shall serve for one-year terms. At-large members shall be appointed to three-year terms. Thereafter, the terms of all at-large members shall be for two years. Youth members shall serve one-year terms. A quorum shall be composed of the majority of voting members on the committee at that time. Members can be removed for cause, including missing more than three regularly scheduled meetings during the calendar year.
(3)
The
Chair and Vice Chair are chosen by a majority of votes of the voting
members of the Committee. There is no term limit for these positions.
B.
The Recycling Committee is hereby authorized and directed to establish
and promulgate, subject to approval by the Township Committee, reasonable
regulations as to the selection and designation of recyclable materials
to be source-separated in accordance with the article, state law and
any applicable district recycling plan and to establish the manner,
methods and programs for the collection and disposition of designated
recyclable materials in accordance with the provisions thereof. Such
regulations as may be promulgated under this article may be changed,
modified, amended or repealed by the Recycling Committee, subject
to the approval of the Township Committee.
(1)
The Recycling Committee shall make reasonable efforts to publicize
its regulations and to keep the public informed about all possibilities
to participate in the recycling effort.
(2)
The
Recycling Committee shall continue to spearhead recycling events such
as Township cleanup days, recycling depots, and other special recycling-related
events.
[Added 6-9-2022 by Ord. No. 22-06]
C.
The Recycling Committee, through the Municipal Recycling Coordinator,
shall report annually to the Township Committee on the status of the
recycling program, provide a summary of the recycling activity of
the past year, and project the recycling operations planned for the
coming year. This will include an annual report to be delivered to
the Township Committee.
A.
Mandatory source-separation; preparation of designated recyclables. From and after the date fixed by regulations promulgated by the Recycling Committee, and approved by the Township Committee, in accordance with the provisions hereof, it shall be mandatory for all persons who are owners, tenants or occupants of residential or nonresidential premises located within the Township of East Amwell to separate designated recyclable material from all other solid waste produced by the residential or nonresidential premises occupied by such persons and to prepare such designated recyclable materials for curbside collection or drop off at a recycling center to be designated by the Township, or for separate disposition as provided under § 120-11 and § 120-18 of this article.
B.
Curbside collection. Each type of designated recyclable material
shall be kept separate and apart from any other type of recyclable
material (unless otherwise designated by the Recycling Committee with
input from the curbside collection service) and from other solid waste
generated by the premises, and shall be placed at the curb by the
residential premises in a manner and on such days and at such times
as may be hereinafter established by regulations promulgated by the
Recycling Committee with input from the curbside recycling service.
The occupier of the premises is responsible to make sure containers
are accessible for collection purposes. Every owner and/or occupant
of residential or nonresidential premises must contract with a private
contractor for the removal and disposition of designated recyclable
materials as set forth in this chapter. Residential recycling contracts
must comply with the provisions of this section and must further provide
for not less than monthly pick-up.
C.
Drop-off at designated Township recycling area or county or state
facility. Each type of designated recyclable material to be dropped
off at a recycling area pursuant to regulations adopted under this
article should be kept separate and apart from any other type of recyclable
material (unless otherwise designated by the Recycling Committee)
and from other solid waste generated by the premises, and should be
dropped off by the owner or occupier of the premises at the recycling
area designated by the Township in a manner and on such days and at
such times as may be hereinafter established by regulations adopted
under this article.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this chapter. For multifamily units,
the management or owner is responsible for setting up and maintaining
a 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 occupant. In instances where the violator is not easily identifiable,
violations and penalty notices will be directed to the owner/ management.
The owner/management shall issue notification and collection rules
to occupants when they arrive and at least twice annually during their
occupancy.
B.
Any occupant(s) and/or owner(s) of any residential property failing
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Recycling
Coordinator or other enforcement officer shall issue one warning to
any occupant who is in violation of this section, which warning shall
include educational information regarding proper procedures for recycling.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this chapter. The owner of each residential
complex is responsible for providing a recycling depot for the entire
complex. The depot shall be equipped with owner- or contractor-supplied
receptacles for each category of designated recyclable material.
B.
Any occupant within a residential complex failing to comply with
the requirements of this chapter may be fined not less than $50 nor
more than $250 for each month of noncompliance.
C.
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.
The owner of each residential complex shall report to the Municipal
Recycling Coordinator by February 15th of each year on the recycling
activity of the prior year. The report shall include the amount of
recycled material by material type and the vendor or vendors providing
recycling service. The information must be supplied to the Municipal
Recycling Coordinator and directed to the attention of the Municipal
Recycling Coordinator by name and address. The County must also be
copied on this information.
E.
Any owner (or his/her agent) failing to abide by the rules and regulations
of this section may be fined up to $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to the owner who is in violation of this section. The warning
shall include educational information regarding proper procedures
for recycling including instruction as to how the owner can reasonably
provide adequate recycling facilities to ensure compliance with this
chapter.
A.
Commercial, industrial and institutional establishments are defined
as all entities which operate or conduct any business whatsoever which
cannot be included within the definitions of a residential dwelling
or complex.
B.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
C.
Arrangement for collection of designated recyclables shall be the
responsibility of the commercial, institutional or industrial occupant.
All commercial, institutional or industrial property owners 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.
D.
Every occupant of a commercial, industrial or institutional facility
or his or her designee (including solid waste and recycling transporters)
shall cooperate in communicating recycling activity. Such communication
shall include reporting to the Municipal Recycling Coordinator by
February 15th of each year on the occupants recycling activity of
the prior year. The report shall include the amount of recycled material
by material type and the vendor or vendors providing recycling service.
The information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of the Municipal Recycling Coordinator
by name and address. The County must also be copied on this information.
E.
If the property owner provides recycling collection services for
the occupants of the property, the owner or his designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15th of each year
on the recycling activity on the property in the prior year. The report
shall include the amount of recycled material by material type and
the vendor or vendors providing recycling service. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The County must also be copied on this information.
F.
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.
G.
Any commercial, industrial or institutional occupant or owner failing
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $1,000 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any commercial, industrial or institutional establishment
which is in violation of this section, which warning shall include
educational information regarding proper procedures for recycling.
A.
Any application to the Planning Board of the Township of East Amwell
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.
B.
Prior to the issuance of a certificate of occupancy by the Township
of East Amwell, 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.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
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 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.
C.
Once placed in the location for collection, no person, other than
those authorized by the Township, shall tamper with, collect, remove,
or otherwise handle solid waste or designated recyclable materials.
D.
Any solid waste collector failing to abide by the rules and regulations
of this section may be fined not less than $50 nor more than $1,000.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any commercial, industrial or institutional establishment
which is in violation of this section, which warning shall include
educational information regarding proper procedures for recycling.
A.
A minimum of once a year or when necessary to reflect program or
regulatory modifications, all solid waste transporters will notify
all customers:
(1)
What materials are designated to be source-separated from solid waste
and must be recycled in Hunterdon County and that these items are
prohibited in solid waste.
(2)
That the discovery of designated recyclable items in solid waste
may result in the waste not being collected and that the generator
is subject to a monetary fine.
(3)
That solid waste transporters are prohibited by law to collect solid
waste containing mandated recyclable materials.
(4)
That documentation of proof of solid waste and recycling collection
service must be maintained and that this documentation must be made
available to the property owner, municipality or County upon request.
B.
No later than February 15 of each year, all solid waste transporters
operating in the Township will provide a detailed report of all recycling
activities to all commercial and institutional solid waste customers.
The report will include a breakdown of the materials collected for
recycling, the total weight of each material collected for recycling
and the recycling market for each of the materials collected. The
information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of the Municipal Recycling Coordinator
by name and address. The County must also be copied on this information.
C.
No later than February 15 of each year, all solid waste transporters
operating in the Township will provide the Township and the County
with a summary of recycling activity in that municipality, including
totals of all residential, commercial and institutional recycling.
The report will include a breakdown of the materials collected for
recycling, the total weight of each material collected for recycling
and the recycling market for each of the materials collected. The
information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of the Municipal Recycling Coordinator
by name and address. The County must also be copied on this information.
D.
Failure of the solid waste transporter to comply with the provisions
of this article of the Solid Waste Management Plan and pertinent municipal
recycling ordinance shall constitute a violation and subject the solid
waste transporters to those penalties as prescribed in this article
and state recycling regulations.
Pursuant to N.J.S.A. 40:66-5.1 all residential, commercial,
industrial and institutional generators of solid waste must, upon
request by the municipality supply proof that solid waste and recycling
collection services have been contracted for by the generator. The
information requested for proof of service may include provision of
weight receipts or billing statements. The procedure for requesting
receipts or other documentation will be as set forth in the regulations
promulgated by the Recycling Committee and subject to the approval
of the Township Committee.
The Municipal Recycling Coordinator or other person(s) so designated
by the governing body are hereby individually and severally empowered
to enforce the provisions of this chapter. 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. Each day
for which a violation of this chapter occurs shall be considered a
separate offence.
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or section of this chapter is unconstitutional,
all other sections and provisions shall remain in effect. This chapter
shall take effect immediately, unless otherwise provided by Resolution
of the governing body.
Recyclable materials presented for collection by the Township
of East Amwell, in accordance with the provisions hereof, shall be
and become the property of the Township of East Amwell or its authorized
agent. It shall be a violation of this article for any person to collect
or pick up or cause to be collected or picked up any such designated
presented recyclable materials, except as may be authorized by the
Recycling Committee. Each such collection in violation of this article,
from one or more residential or nonresidential premises, shall constitute
a separate and distinct violation of this article. Nothing herein
shall be construed to prohibit an owner, tenant or occupant of any
residential or nonresidential premises from donating or selling recyclables
to any person or entity, whether operating for profit or not-for-profit.
Unless otherwise stated in the regulations when adopted, such
regulations as shall be established and promulgated by the Recycling
Committee, and changes, modifications, amendments, and repeals thereof,
shall become effective 15 days after review and approval by the Township
Committee.
The Township Committee may, in accordance with the procedures
set forth in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et
seq., enter into agreements to grant a franchise or license to qualified
persons, partnerships or corporations to authorize them to collect
recyclables at curbside or at the recycling area. The Township Committee
may, in its discretion, use Township personnel to collect designated
recyclable materials at curbside or at the recycling area and sell
same pursuant to the Local Public Contracts Law (N.J.S.A. 40A:11-1
et seq.).
Residents are encouraged to allow leaves to degrade naturally
on the property on which they are generated. Under the provisions
of the Mandatory Source-separation and Recycling Act (N.J.S.A. 13:1E-99.21),
leaves are not permitted to be disposed of as waste.
Any person, corporation, or entity who violates or neglects to comply with any provision of this article or any regulation promulgated and adopted hereunder, shall, upon conviction thereof, be punishable by one or more of the following: a fine not to exceed $1,000, a term of imprisonment of not to exceed 90 days, or a period of community service not to exceed 90 days, except that violation of § 120-9, § 120-10, § 120-11 and § 120-13 shall be punishable as provided therein.
