[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Editor's Note: This ordinance also repealed former Art.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:
COUNTY
The implementing agency for the Hunterdon County District Solid Waste Management Plan, the Hunterdon County Utilities Authority.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Hunterdon County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
A. 
Designated recyclable materials for the generators of residential, commercial, industrial and institutional waste.
01
Corrugated
Containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
02
Mixed office and computer paper
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.
03
Newspaper
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).
04
Other paper/magazines/junk mail
All paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
05
Glass containers
All glass containers used for packaging food or beverages.
06
Aluminum cans
Food and beverage containers made entirely of aluminum.
07
Steel cans
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.
08
Plastic containers
PETEers including polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene and (HDPE - #2) milk, water or detergent.
B. 
Additional designated recyclable materials for the generators of commercial, industrial and institutional waste.
11
White goods and light iron
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.
12
Antifreeze
All automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
13
Batteries, lead-acid
Batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
15
Tires
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.
16
Used motor oil
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.
C. 
Designated recyclable materials from generators of residential waste that are collected by Hunterdon County.
12
Antifreeze
All automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
13
Batteries, lead-acid
Batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries. (See #21.)
16
Used motor oil
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.
21
Batteries, household
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.
24
Mercury-containing devices
Fluorescent and compact florescent tubes (CFTs), high-intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
27
Petroleum-contaminated soil
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).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed pursuant to § 235-6, below, and who shall be authorized to enforce the provisions of this article.
MUNICIPAL RECYCLING PROGRAM
The system for the collection of recyclable materials as designated in the goals, penalties and requirements in this article.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Township.
NONRESIDENTIAL ESTABLISHMENT
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."
OWNER
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]
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.
RESIDENTIAL DWELLING
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).
RESIDENTIAL DWELLING COMPLEX
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.).
SOLID WASTE
Garbage, refuse and other discarded materials resulting from residential and nonresidential establishments.
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.
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.
C. 
In the event that a municipal, county or state facility accepts mandatory recyclable material as set forth in this article, then the residential and/or nonresidential owner or occupant may utilize such facility in lieu of compliance with Subsections A and B, above, and § 235-13.
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:
(1) 
The Municipal Recycling Coordinator.
(2) 
A representative from the Township Board of Health.
(3) 
A representative from the Township Environmental Commission.
(4) 
A representative from the Township Council.
(5) 
An at-large member from the Township community.
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.