[Adopted 9-22-2010 by Ord. No. 1000-10[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
II, Recycling, adopted 5-14-2003 by Ord. No. 814-03.
As used in this article, the following terms shall have the
meanings indicated:
The implementing agency for the Hunterdon County District
Solid Waste Management Plan, the Hunterdon County Utilities Authority.
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.
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01
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Corrugated
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Containers and similar paper items usually used to transport
supplies, equipment parts or other merchandise.
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02
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Mixed office and computer paper
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Any and all types of "office-type" paper, including but not
limited to computer paper, hi-grade white paper, typing paper, copier
paper, onion-skin, tissue paper, notepad, envelopes, manila folders
and colored paper, or any mix thereof.
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03
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Newspaper
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All 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).
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04
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Other paper/magazines/junk mail
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All paper which is not defined as corrugated, mixed office paper,
computer paper or newspaper.
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05
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Glass containers
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All glass containers used for packaging food or beverages.
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06
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Aluminum cans
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Food and beverage containers made entirely of aluminum.
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07
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Steel cans
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Rigid 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.
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08
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Plastic containers
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PETEers including polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene and (HDPE - #2) milk, water or detergent.
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Additional designated recyclable materials for the generators
of commercial, industrial and institutional waste.
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11
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White goods and light iron
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All 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.
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12
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Antifreeze
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All automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water.
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13
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Batteries, lead-acid
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Batteries from automobiles, trucks, other vehicles and machinery
and equipment. This does not include consumer batteries.
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15
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Tires
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Rubber-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.
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16
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Used motor oil
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Petroleum-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.
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Designated recyclable materials from generators of residential
waste that are collected by Hunterdon County.
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12
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Antifreeze
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All automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water.
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13
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Batteries, lead-acid
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Batteries from automobiles, trucks, other vehicles and machinery
and equipment. This does not include consumer batteries. (See #21.)
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16
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Used motor oil
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Petroleum-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.
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21
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Batteries, household
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Any 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.
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24
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Mercury-containing devices
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Fluorescent and compact florescent tubes (CFTs), high-intensity
discharge (HID) and neon lamps, electrical switches, thermostats and
any batteries containing mercury.
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27
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Petroleum-contaminated soil
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Nonhazardous 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).
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The person or persons appointed pursuant to § 235-6, below, and who shall be authorized to enforce the provisions of this article.
The system for the collection of recyclable materials as
designated in the goals, penalties and requirements in this article.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Township.
Commercial, industrial and institutional establishments which
operate or conduct any business whatsoever which cannot be included
with the definitions of "residential dwelling" or "residential dwelling
complex."
The person who has legal title of record to real property
and, in the case of a residential dwelling complex, such as a townhouse
or condominium development, where there are multiple owners shall
also mean the association responsible for oversight of the common
elements within the development.
[Added 10-27-2010 by Ord. No. 1009-10]
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.).
Garbage, refuse and other discarded materials resulting from
residential and nonresidential establishments.
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.
In order to carry out the requirements of the New Jersey Mandatory
Source Separation and Recycling Act, N.J.S.A. 13:1E-99.33 et seq.
("Act") and the Hunterdon County District Solid Waste Management Plan
("Plan"), the Public Works Director or such other Township employee
as may from time to time be designated by the Mayor and Council, shall
act as the Municipal Recycling Coordinator. The Municipal Recycling
Coordinator shall be responsible for addressing compliance with, and
shall have the powers as set forth in, the Act, the Plan and applicable
Township regulations.
B.
The Municipal Recycling Coordinator will be annually appointed by
the Township Council and will serve a term of one year. The Municipal
Recycling Coordinator shall attend all Municipal Recycling Coordinator
meetings that the governing body deems to be important. This requirement
shall include meetings that may be conducted by the state, Hunterdon
County or other appropriate agencies and/or organizations.
C.
The Municipal Recycling Coordinator will report to the Township Council
and 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
article may be effectuated.
D.
The Municipal Recycling Coordinator 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 shall be responsible
for the enforcement of this article.
A.
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, school and other institutional locations within
the Township, 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 or occupants
of such premises and shall be placed separately at the curb in a manner
and on such days as may be specified by their contract hauler.
B.
Every owner and/or occupant of residential or nonresidential premises
must contract for the removal and disposition of recyclable materials
as set forth in this article with a private contractor. Residential
recycling contracts must comply with the provisions of this article
and must further provide for not less than monthly pick-up of designated
recyclable materials.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. For multifamily units,
the owner or management company is responsible for setting up and
maintaining a recycling system, including collection of recyclable
materials, in accordance with this article. 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 or management company. For the purposes of this
section, each day on which unseparated solid waste and recyclables
are set out for pick-up and each day that the owner or management
company fails to provide or maintain the recycling systems required
herein shall constitute a separate violation.
B.
The owner or management company shall issue recycling notification
and collection rules to persons when they commence their occupancy
and at least twice annually during their occupancy.
A.
The occupant(s) and owner(s) of any residential property within a
residential dwelling complex shall be responsible for compliance with
this article.
B.
The owner of each residential dwelling complex is responsible for
providing a recycling depot for the entire complex. The depot shall
be equipped with owner- or contractor-supplied receptacles for all
designated recyclable material. For the purposes of this subsection,
each day that the owner fails to provide the recycling depot or receptacles
required herein shall constitute a separate violation.
C.
The owner shall issue recycling notification and collection rules
to persons when they commence their occupancy and at least twice annually
during their occupancy.
D.
The owner of each residential dwelling complex shall report the recycling
activity of the property for the prior year to the Municipal Recycling
Coordinator by February 15 of each year. The report shall include
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.
A.
All commercial, industrial and institutional generators of solid
waste shall be required to comply with the provisions of this article.
B.
Unless the property owner of the nonresidential establishment provides
for the collection of designated recyclable materials, arrangement
for the collection of designated recyclables shall be the responsibility
of the commercial, industrial or institutional occupant. All commercial,
industrial or institutional property owners which provide outdoor
litter receptacles and disposal service shall also provide receptacles
for designated recyclable materials, for those materials commonly
deposited, in the location of the litter receptacles, and shall provide
for separate recycling service for their contents.
C.
Unless the property owner provides for the collection of designated
recyclable materials, every occupant of a commercial, industrial or
institutional facility or their designee (including solid waste and
recycling transporters) shall cooperate in communicating recycling
activity. Such communication shall include reporting the occupant's
recycling activity for the prior year to the Municipal Recycling Coordinator
by February 15 of each year. The report shall include 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.
D.
If the property owner provides recycling collection services for
the occupants of the property, the owner or their designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting the
recycling activity on the property of the prior year to the Municipal
Recycling Coordinator by February 15 of each year. The report shall
include 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.
All food service establishments, as defined in the Township's
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 the Municipal Recycling Coordinator.
F.
For the purposes of this section, each day that separate recycling
containers and services are not provided, and each day that grease
and cooking oil are not segregated for recycling, shall constitute
a separate violation.
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.
Each pick-up of unseparated solid waste and recyclables in violation
of this subsection shall constitute a separate violation.
B.
Once placed in the location for collection, no person, other than
the solid waste collector and/or those individuals authorized by the
municipality, shall tamper with, collect, remove or otherwise handle
solid waste or designated recyclable materials.
A.
A minimum of once a year, or when necessary to reflect program or
regulatory modifications, solid waste transporters shall notify all
customers of the following:
(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 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 from collecting
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
will provide a detailed report to the Municipal Recycling Coordinator
of all recycling activities for all residential (including multifamily),
commercial and institutional solid waste customers. The report will
include a breakdown of the materials collected for recycling and the
monthly total weight of each material collected.
All residential, commercial, industrial and institutional generators of solid waste must, upon request by the Municipal Recycling Coordinator, supply proof that solid waste and recycling collection services have been contracted by the generator. Excluded from this requirement are residential generators who use, and deliver their recyclable materials to, appropriate municipal, county or state facilities. See § 235-7C.
The Township Department of Code Enforcement and Planning shall
provide all applicants for building and demolition permits with a
list of New Jersey recycling facilities that have been approved by
the New Jersey Department of Environmental Protection to accept construction
and demolition materials (Class B materials) for recycling.
The Municipal Recycling Coordinator, or other person(s) so designated
by the Mayor and Township Council, shall be empowered to enforce the
provisions of this article. An inspection may consist of sorting through
containers and opening of solid waste bags to detect the presence
of any recyclable material.
A.
Residential dwellings. The failure of occupant(s) and/or owner(s)
of a residential property to comply with the rules and regulations
of this article shall result in a fine of not less than $50 nor more
than $250 per violation.
B.
Residential dwelling complexes.
(1)
The failure of an occupant within a residential dwelling complex
to comply with the rules and regulations of this article shall result
in a fine of not less than $50 nor more than $250 per violation.
(2)
The failure of an owner (or his/her agent) of a residential dwelling
complex to comply with the rules and regulations of this article shall
result in a fine of not less than $50 nor more than $250 per violation.
C.
Nonresidential establishments. The failure of a commercial, industrial
or institutional occupant or owner to comply with the rules and regulations
of this article shall result in a fine of not less than $50 nor more
than $1,000 per violation.
D.
Solid waste collectors/transporters. The failure of a solid waste
collector or transporter to comply with the rules and regulations
of this article shall result in a fine of not less than $50 nor more
than $1,000 per violation. Said penalty is in addition to any fines,
penalties and/or sanctions that the collector or transporter may be
subject to under the Act or other state law.
E.
Prior to taking any enforcement action pursuant to this section,
the Municipal Recycling Coordinator shall issue one warning, which
shall include educational information regarding proper procedures
for recycling.
F.
All complaints of violations of this article shall be heard by the
Township's Municipal Court. Fines levied and collected pursuant
to the provisions of this article shall be immediately deposited into
the municipal recycling trust fund (or its equivalent). Monies in
the recycling trust fund (or its equivalent) shall be used solely
for the expenses of the municipal recycling program.
A.
The Township Recycling Committee shall be composed of the following
members:
B.
All members shall be appointed for terms of one year.
C.
The Municipal Recycling Coordinator shall serve as ex-officio Chair
of the Committee.
D.
The Committee shall meet at least once annually.
E.
The Committee shall assist the Township as needed in fulfilling its
reporting, record-keeping and notification requirements pursuant to
N.J.S.A. 13:1E-99.16, including but not limited to the periodic review
of the adequacy of the Township recycling program and recommendation
of revisions to the Township Recycling Plan pursuant to P.L. 1975,
c. 291 (N.J.S.A. 40:55D-1 et seq.), which revisions shall reflect
changes in federal, New Jersey, Hunterdon County and Township laws,
policies and objectives concerning the collection, disposition and
recycling of designated recyclable materials.
F.
The Committee shall assist the Township and/or Municipal Recycling
Coordinator as needed to fulfill the Township's obligation to
conduct educational programs and provide notification every six months
to Township residents, businesses and institutions of the Township's
recycling requirements.
