[HISTORY:[1] Adopted by the Township Committee of the Township of Fredon 6-25-2009 by Ord. No.
2009-05. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 333.
[1]
Editor's Note: By Ord. No. 2017-08, adopted 7-27-2017, the
term "Planning Board" was changed to "Land Use Board" throughout the
Code.
As used in this article, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Sussex County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
Residential Generators
| ||
---|---|---|
Class
|
Material
|
Definition
|
01
|
Aluminum cans
|
Food and beverage containers made entirely of aluminum.
|
03
|
Computer printout/white ledger
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue and notepad).
|
06
|
Corrugated
|
Containers, brown grocery bags, and similar paper items, usually
used to transport supplies, equipment, parts or other merchandise.
|
07
|
Glass containers
|
All glass containers used for packaging food or beverages.
|
10
|
Leaves and brush leaves
|
Brush and other yard trimmings, including grass clippings, from
institutions, commercial or industrial sources.
|
11
|
Magazine and junk mail magazine stock
|
White and colored paper and envelopes, telephone directories
and books.
|
13
|
Mixed office paper
|
Items listed in computer printout/white ledger category when
mixed with envelopes, manila binders and color paper. Material is
generated by commercial/institutional sources.
|
14
|
Newspaper
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grades
#6, #7 and #8-news).
|
15
|
Plastic containers
|
Containers such as polyethylene terephthalate (PETE No. 1) soda
bottles, high-density polyethylene (HDPE No. 2) milk, and water or
detergent bottles, and includes plastics Nos. 1 through 7.
|
17
|
Steel cans
|
Rigid containers made exclusively or primarily of steel, tin-plated
steel, and composite steel and aluminum cans used to store food, beverages,
paint and a variety of other household and consumer products.
|
18
|
Stumps, logs and tree parts
|
Unfinished wood from land clearing projects, storm damage or
pruning activities.
|
19
|
Textiles
|
Textiles larger than 15 inches by 15 inches (e.g., clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animals).
|
20
|
RubTires
|
Rubber-based scrip automotive and truck tires.
|
22
|
Used motor oil
|
A petroleum base or synthetic oil whose use includes, but is
not limited to, lubrication of internal combustion engines, which
through use, storage or handling has become unsuitable in its original
purpose due to the presence of impurities or loss of original properties.
|
Nonresidential Generators, Commercial and Institutional
Sectors
| ||
---|---|---|
Class
|
Material
|
Definition
|
01
|
Aluminum cans
|
Food and beverage containers made entirely of aluminum.
|
02
|
Antifreeze
|
An automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water.
|
03
|
Computer printout/white ledger
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue and notepad).
|
04
|
Concrete, asphalt and masonry/paving material
|
Asphalt, concrete, brick, cinder block, "patio blocks," and
other masonry and paving materials.
|
05
|
Consumer batteries
|
Any type of button, coin, cylindrical, rectangular or other
shaped, enclosed device or sealed container which is utilized as an
energy source for commercial, industrial, medical, institutional,
or household use. (Does not include lead-acid batteries from vehicles.)
|
06
|
Corrugated
|
Containers, brown grocery bags, and similar paper items, usually
used to transport supplies, equipment, parts or other merchandise.
|
07
|
Glass containers
|
All glass containers used for packaging food or beverages.
|
08
|
Heavy iron
|
All structural steel or ferrous metal, cast iron components.
|
09
|
Lead-acid batteries
|
Batteries from automobiles, trucks, other vehicles and machinery
and equipment, which shall be stored in a manner that protects them
from the elements to avoid corrosion and leakage.
|
10
|
Leaves and brush leaves
|
Brush and other yard trimmings, including grass clippings, from
institutions, commercial or industrial sources.
|
11
|
Magazine and junk mail magazine stock
|
White and colored paper and envelopes, telephone directories
and books.
|
12
|
Mercury-containing devices
|
Including fluorescent and compact tubes, high-intensity discharge
(HID) and neon lamps, electrical switches, thermostats, thermometers
and any batteries containing mercury.
|
13
|
Mixed office paper
|
Items listed in computer printout/white ledger category when
mixed with envelopes, manila binders and color paper. Material is
generated by commercial/institutional sources.
|
14
|
Newspaper
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grades
#6, #7 and #8-news).
|
15
|
Plastic containers
|
Containers such as polyethylene terephthalate (PETE No. 1) soda
bottles, high-density polyethylene (HDPE No. 2) milk, and water or
detergent bottles and includes plastics Nos. 1 through 7.
|
16
|
Scrap autos
|
Crushed or shredded automobile or truck bodies, excluding auto
shredder residue or "fluff."
|
17
|
Steel cans
|
Rigid containers made exclusively or primarily of steel, tin-plated
steel, and composite steel and aluminum cans used to store food, beverages,
paint and a variety of other household and consumer products.
|
18
|
Stumps, logs and tree parts
|
Unfinished wood from land-clearing projects, storm damage or
pruning activities.
|
19
|
Textiles
|
Textiles larger than 15 inches by 15 inches (e.g., clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animals)
|
20
|
Tires
|
Rubber-based scrip automotive and truck tires.
|
21
|
Used consumer electronics
|
Any appliance used in a business that includes circuitry. Includes
components and subassemblies of the electrode products. Examples include
computers and peripherals, printers, copiers, VCRs, televisions, cell
phones and fax machines, etc.
|
22
|
Used motor oil
|
A petroleum base or synthetic oil whose use includes, but is
not limited to, lubrication of internal combustion engines, which
through use, storage or handling has become unsuitable in its original
purpose due to the presence of impurities or loss of original properties.
|
23
|
White goods and light iron
|
All large 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.
|
24
|
Wood scrap
|
Unfinished lumber from construction or demolition projects including
pallets. "Unfinished" shall mean non-chemically treated (not pressure-treated,
impregnated with preservatives, insecticides, fungicides, creosote,
or other chemicals, and not painted, resin-coated or otherwise surface
treated, and not laminated or bonded; and not similarly altered from
its natural condition).
|
25
|
Nonferrous and aluminum scrap
|
All non-container aluminum, stainless steel, copper, zinc, brass,
and other metals which generally do not rust.
|
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.).
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 Township
of Fredon.
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
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.
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 Township of Fredon, 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 Fredon.
B.
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 ordinance 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 recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
The following Class "A" recyclables shall be collected curbside and
may be co-mingled:
B.
All reusable containers 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. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 5:00 p.m. of the day
immediately preceding the day of collection. After collection, any
containers shall be removed from the curbside by no later than 7:00
p.m. of the day of collection.
C.
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
The owner of any property shall be responsible for compliance
with this chapter. For multifamily units, the management or owner
is responsible for setting up and maintaining the 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 owner 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 every six months during their occupancy.
A.
All commercial and institutional
generators of solid waste shall be required to comply with the provisions
of this chapter.
B.
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.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.
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.
Pursuant to N.J.S.A. 13:1E-99.13a and 99.16c:
A.
Any application to the Land Use Board of the Township of Fredon,
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:
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
(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.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Fredon, 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 chapter and the local sanitary
code.
C.
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 Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, and the Sussex 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.
A.
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.
B.
Fines levied and collected pursuant to the provisions of this chapter
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Moneys in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program.