[HISTORY: Adopted by the Township Committee of the Township
of Liberty 3-4-2010 by Ord. No. 10-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 83, Recycling, adopted 11-7-1988,
was repealed 3-15-1999 by Ord. No. 99-2.
As used in this chapter, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
An activity involving the sale of goods or services carried
out for profit.
Those materials designated within the Warren County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include aluminum cans; computer paper;
glass bottles and jars, three colors (clear, green and brown); corrugated
cardboard; high-grade office paper, white, magazines and mixed paper;
newsprint; plastic bottles (PETE, clear and green, type No. 1, and
HDPE-clear and colored, type No. 2, and steel cans/tin cans.
(To be included in those instances where a recycling program
has been, or will be, established for these materials.) A computer
central processing unit and associated hardware including keyboards,
modems, printers scanners and fax machines; a cathode ray tube, a
cathode ray tube device, a flat panel display or similar video display
device with a screen that is greater than four inches measured diagonally
and that contains one or more circuit boards, including a television
and cell phones.
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.
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, however,
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 boarding house as defined in the "Rooming and Board 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.
Any building or structure of 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 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.);
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 which may be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Municipality
of Liberty 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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
or 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.Â
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 municipality of the Township of Liberty, 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 Township of Liberty.
B.Â
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 chapter which requires 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 chapter, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal 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 recycled,
and that, at least on an annual basis, said recycling service provider
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
materials.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.Â
All containers and brown paper bags 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.Â
All receptacles or dumpsters shall be maintained in a clean and safe
manner:.
A.Â
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this chapter.
B.Â
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.Â
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 once annually every year
thereafter during their occupancy.
A.Â
All commercial, business, or industrial facilities shall be required
to comply with the provisions of this chapter.
B.Â
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties 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.
C.Â
Annually, every business, institution, or industrial facility shall
report to the municipal Recycling Coordinator the recycling activities
undertaken at their premises, including the amount of recycled materials,
by material type, collected and recycled and the vendor or vendors
providing recycling services. The forms to be used will be provided
by the Municipal Recycling Coordinator.
D.Â
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.
A.Â
Any application to the Land Use Board of the municipality of Liberty
Township 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)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)Â
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)Â
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
B.Â
Prior to the issuance of a certificate of occupancy by the Township
of Liberty, 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.
A.Â
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.Â
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 local sanitary
code.
C.Â
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Recycling Coordinator, the Zoning Official, the Building
Inspector, or other code enforcement officer, the NJ State Police,
and the Warren County Department of Health 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.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this chapter or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day for which a violation of this chapter occurs shall be considered
a separate offense. (Note: municipalities are empowered to incorporate
the provisions of N.J.S.A. 40:49-5 into their chapter.)