[HISTORY: Adopted by the Township Committee
of the Township of Holland as indicated in article histories.]
[Adopted 11-19-1951; amended in its entirety 3-5-1956]
A.Â
No person, persons, firm or corporation shall deposit,
maintain, or permit to be deposited, or maintained, or accumulate,
in or upon any public or private street or thoroughfare or place,
or in or upon any privately owned property or building, any household,
garage or factory waste; any garbage, offal, excrement, sewage, tin
cans or rubbish; any dead animals or parts thereof; any decaying or
putrescible fruit, vegetables, fish, meat or bones; or shells; or
any foul, putrid or decaying liquid or substance; or any construction
waste, concrete or cement waste, waste tires or tree stumps; or any
hazardous waste as defined by N.J.A.C. 7:26-8.1,[1] in the Township of Holland.
[1]
Editor's Note: N.J.A.C. 7:26-8, Hazardous Waste Criteria,
Identification and Listing, was repealed by R. 1996 d. 500, effective
October 21, 1996.
B.Â
The foregoing provisions of this section shall not apply to matter generated upon the particular premises involved as part of a residential, farm or other use permitted upon the premises by Chapter 100, Part 1, Zoning, provisions of this Township or to activities for which a permit from the New Jersey Department of Environmental Protection is required and where such permit has been obtained and is in force.
[Amended 7-15-1986 by Ord. No. 86-6]
All garbage which may accumulate in said Township
of Holland, or which may be stored, kept or retained therein without
violating this article, shall be kept in watertight metal receptacles
provided with tightly fitting covers, except that barrels may be used
for vegetable trimmings if removed daily. Said metal receptacles shall
be kept clean, and no water shall be allowed to enter therein except
for the purpose of cleaning.
No person, persons, firm or corporation shall
allow any garbage or excrement or any other offensive or decomposed
solid or fluid matter or substance to leak or escape from any truck
or container in which the same may be conveyed or carried in or through
said Township of Holland.
[Amended 9-5-1989 by Ord. No. 1989-9]
No person or persons, firm or corporation shall
collect or convey through the streets of said Township of Holland
any garbage, swill, offal or dead animals without first obtaining
a license or permission so to do pursuant to state laws.
[Added 8-19-1986]
No person shall purposely dump, deposit or place,
or attempt to dump, deposit or place, any material in, or about and
on Township property, any dumpster or recycling receptacle maintained
or placed on property of the Township in disobedience of, or when
prohibited by, any order or direction of any employee or agent of
the Township, employed or engaged by the Township to oversee the use
of said dumpster or recycling receptacle.
[Amended 12-2-1968; 9-5-1989 by Ord. No. 1989-9]
A.Â
The governing body may prescribe penalties for the
violation of ordinances it may have authority to pass, either by imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days or
by a fine not exceeding $1,000, or both. The court before which any
person is convicted of violating this chapter shall have power to
impose any fine or term of imprisonment not exceeding the maximum
fixed in this chapter.
B.Â
Any person convicted of the violation of this chapter
may, in the discretion of the court by which he was convicted, and
in default of the payment of any fine imposed therefor, be imprisoned
in the county jail or place of detention provided by the municipality
for any term not exceeding 90 days.
[Adopted 9-21-2010 by Ord. No. 2010-19[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Recycling, adopted 2-16-1988 by Ord. No. 1988-4, as amended.
As used in this article, the following terms shall have the
meanings indicated:
The implementing agency for the Hunterdon County 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. Theses materials include:
Designated recyclable materials for the generators of residential,
commercial, industrial and institutional waste:
Corrugated: containers and similar paper items usually used
to transport supplies, equipment parts or other merchandise.
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, onionskin, tissue paper, notepad,
envelopes, manila folders and colored paper, or any mix thereof.
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).
Other paper/magazines/junk mail: all paper, which is not defined
as corrugated, mixed office paper, computer paper or newspaper.
Glass containers: all glass containers used for packaging food
or beverages.
Aluminum cans: food and beverage containers made entirely of
aluminum.
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.
PETE containers: containers including polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene and (HDPE - No. 2) milk, water or detergent.
Additional designated recyclable materials for the generators
of commercial, industrial and institutional waste:
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.
Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
Batteries, lead-acid: batteries from automobiles, trucks, other
vehicles and machinery and equipment. This does not include consumer
batteries.
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.
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.
Designated recyclable materials from generators of residential
waste that are collected by Hunterdon County:
Anti-freeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries. [See Subsection C(4).]
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.
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.
Mercury-containing devices: fluorescent and compact florescent
tubes (CFT's), high-intensity discharge (HID) and neon lamps,
electrical switches, thermostats and any batteries containing mercury.
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).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this article, 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 Township
of Holland;
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
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 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.);
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.)
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.Â
In order to carry out the requirements of the New Jersey Mandatory
Source Separation and Recycling Act ("Act")[1] and the Hunterdon County Recycling Plan ("Plan"), the
position of Municipal Recycling Coordinator is hereby established,
who shall be responsible for compliance with said Act, Plan and applicable
Borough/City/Town/Township regulations.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
B.Â
The Municipal Recycling Coordinator will be annually appointed by
the Township Committee and will serve a term of one year.
C.Â
The Recycling Coordinator will report to the governing body 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.Â
The Municipal Recycling Coordinator will attend all Municipal Recycling
Coordinator meetings that the Township Committee deems to be important.
This includes meetings that may be conducted by the state, the county
or other appropriate organizations.
E.Â
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 assist in
the enforcement thereof.
A.Â
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 Holland, 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 and times as may be contracted for
by the owner, tenant or occupant.
B.Â
Except as provided below, every owner and/or occupant of residential
or nonresidential premises must contract with a private contractor
for the removal and disposition of recyclable materials as set forth
in this article. Residential recycling contracts must comply with
the provisions of this article and must further provide for not less
than monthly pickup.
C.Â
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
to the extent permitted by the owner or operator of such facility.
A.Â
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. 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 Municipal
Recycling Officer and approved by the Township Committee. 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.Â
Occupant(s) and/or owner(s) of any residential property who fail
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $250 for each violation. 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.Â
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. 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.Â
Occupants within a residential complex who fail to comply with the
requirements of this article may be fined not less than $50 nor more
than $250 for each violation.
C.Â
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.Â
The owner of each residential complex shall report to the Municipal
Recycling Coordinator by February 15 of each year, 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.Â
Owners (or their agents) who fail to abide by the rules and regulations
of this section may be fined up to $250 for each violation. 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
article.
A.Â
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.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
C.Â
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 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.
D.Â
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 to the Municipal Recycling Coordinator, by
February 15 of each year, the occupant's 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.Â
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 to
the Municipal Recycling Coordinator by February 15 of each year, 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.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.
G.Â
Commercial, industrial or institutional occupants or owners who fail
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $1,000 for each violation. 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.Â
Any application to the Planning Board of the Township of Holland,
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.
B.Â
Prior to the issuance of a certificate of occupancy by the Township
of Holland, 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.Â
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
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 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.Â
Once placed in the location for collection, no person, other than
those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle solid waste or designated recyclable materials.
D.Â
Solid waste collectors who fail 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.Â
A minimum of once a year or when necessary to reflect program or
regulatory modifications, all solid waste transporters operating in
Holland Township must notify all customers:
(1)Â
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)Â
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. Solid waste transporters are prohibited
by law from collecting solid waste containing mandated recyclable
materials.
(3)Â
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.Â
No later than February 15 of each year, all solid waste transporters
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.Â
No later than February 15 of each year, all solid waste transporters
will provide each municipality and the county with a summarization
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.Â
Failure of the solid waste transporter to comply with the provisions
of this amendment to 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 the
pertinent municipal recycling ordinance and state recycling regulations.
Unless the solid waste and recycling collection services have
otherwise provided for by the municipality, 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
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 shall be established
by the Municipal Recycling Coordinator and approved by the Township
Committee.
Pursuant to N.J.S.A. 13:1E-99.16, the Municipal Recycling Coordinator
shall, at least every six months, notify all persons occupying residential,
commercial, and institutional premises within the Township of local
recycling opportunities and the source separation requirements of
this article, by posting a notice in public places where Township
public notices are customarily posted or by other appropriate means.
A.Â
The Municipal Recycling Coordinator or other person(s) so designated
by the Township Committee 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.
B.Â
Each day for which a violation of this article occurs shall be considered
a separate offense.
