[Adopted 4-7-1988 by Ord. No. 4-88; amended
in its entirety 6-2-2010 by Ord. No. 06-2010]
As used in this chapter, 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. These materials include:
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ADDITIONAL DESIGNATED RECYCLABLE MATERIALS FOR GENERATORS OF
COMMERCIAL, INDUSTRIAL and INSTITUTIONAL WASTE:
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A.
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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.
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B.
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Anti-freeze: All automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
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C.
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Batteries, Lead-Acid: Batteries from automobiles, trucks, other
vehicles and machinery and equipment. This does not include consumer
batteries.
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D.
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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.
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E.
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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.
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DESIGNATED RECYCLABLE MATERIALS FOR GENERATORS OF RESIDENTIAL,
COMMERCIAL, INDUSTRIAL and INSTITUTIONAL WASTE:
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A.
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Corrugated: Containers and similar paper items usually used
to transport supplies, equipment parts or other merchandise.
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B.
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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.
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C.
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Newspaper: All paper marketed as newsprint or newspaper and
containing at least 70% newsprint or newspaper (American Forest and
Paper Association Grade Nos. 6, 7 and 8 news).
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D.
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Other paper/magazines/junk mail: All paper which is not defined
as corrugated, mixed office paper, computer paper or newspaper.
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E.
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Glass containers: All glass containers used for packaging food
or beverages.
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F.
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Aluminum cans: Food and beverage containers made entirely of
aluminum.
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G.
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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.
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H.
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Plastic containers: Containers including polyethylene terephthalate
(PETE - No. 1) soda bottles, high-density polyethylene and (HDPE -
1-7) milk, water or detergent.
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DESIGNATED RECYCLABLE MATERIALS FROM GENERATORS OF RESIDENTIAL
WASTE THAT ARE COLLECTED BY HUNTERDON COUNTY:
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A.
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Antifreeze: All automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
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B.
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Batteries, lead-acid: Batteries from automobiles, trucks, other
vehicles and machinery and equipment. This does not include consumer
batteries. (See definition for "batteries, household.")
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C.
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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.
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D.
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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.
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E.
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Mercury-containing devices: 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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F.
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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).
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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 municipality
of West Amwell 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.
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 § 3 of the "Hotel and Multiple Dwelling
Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
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 ("Act") 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.
B.
The Municipal Recycling Coordinator will be annually appointed by
the Borough/City/Town/Township Committee and will serve a term of
one year.
C.
The Recycling Coordinator will report to the governing body and/or
the Borough/City/Town/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 will attend municipal recycling
coordinator meetings that the governing body deems to be important.
This includes meetings that may be conducted by the state, the county
or other appropriate organizations.
E.
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.
There
is hereby established a Recycling Committee in the municipality consisting
of seven members. Those members shall be the Recycling Coordinator,
one member of the municipal governing body, the municipal appointee
to the County Solid Waste Advisory Committee, one member of the Environmental
Commission, the Municipal Road Foreman or Road Supervisor, and two
members at large who shall be residents of the Township and appointed
by the Township Committee.
B.
The
Recycling Committee is hereby authorized and directed to establish
and promulgate reasonable regulations as to the selection and designation
of recyclable materials to be source-separated in accordance with
this article and to establish the manner, methods and programs for
the collection and disposition of designated recyclable materials
in accordance with the provisions hereof. Such regulations as may
be promulgated under this article may be changed, modified, amended
or repealed by the Township Committee by majority vote.
C.
The
members of the Recycling Committee shall be appointed for one year.
Any member appointed during a given calendar year shall serve until
the end of that year.
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, schools and other institutional locations within the municipality
of West Amwell 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 and times as may be hereinafter
established by regulations promulgated by the Township of West Amwell.
B.
Unless
the municipality otherwise provides for the collection of designated
recyclable materials, 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 section and must further provide for not less than monthly
pick-up.
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,
to the extent permitted by the owner or operator of such facility.
A.
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 appropriate
municipal office. 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.
Failure of occupant(s) and/or owner(s) of any residential property
to abide by the rules and regulations of this section may result in
a fine of not less than $50 nor more than $250 for each month of noncompliance.
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.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. Unless the municipality
provides for the collection of designated recyclable materials, 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.
Failure of an occupant within a residential complex to comply with
the requirements of this article may result in a fine of not less
than $50 nor more than $250 for each month of noncompliance.
C.
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.
Unless the municipality provides for the collection of designated
recyclable materials, 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.
Failure of an owner (or his/her agent) to abide by the rules and
regulations of this section may result in a fine of up to $250 for
each month of noncompliance. Prior to taking enforcement action pursuant
to this section, the Municipal Recycling Coordinator or other enforcement
officer shall issue one warning to the who which 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.
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.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
C.
Unless the property owner or municipality provides for the collection
of designated recyclable materials, arrangement for collection of
designated recyclables shall be the responsibility of the commercial,
institutional or industrial occupant. All commercial, institutional
or industrial property owners who 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.
Unless the property owner or municipality 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 to
the Municipal Recycling Coordinator by February 15 of each year the
occupants 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.
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.
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.
Failure of a commercial, industrial or institutional occupant or
owner to abide by the rules and regulations of this section may result
in a fine of not less than $50 nor more than $1,000 for each month
of noncompliance. 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.
Any application to the Planning Board of the municipality of West
Amwell 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)
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.
B.
Prior to the issuance of a certificate of occupancy by the municipality
of West Amwell Township, 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 article and the local sanitary
code.
C.
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.
Failure of a solid waste collector to abide by the rules and regulations
of this section may result in a fine of 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.
A minimum of once a year or when necessary to reflect program or
regulatory modifications, notify all customers:
(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)
Solid waste transporters are prohibited by law to collect 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 companies
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.
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.
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
by which the municipality may request receipts or other documentation
must be detailed in a process approved by the governing body of the
municipality.
A.
The Municipal Recycling Coordinator or other person(s) so designated
by the governing body 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.
Each day for which a violation of this article occurs shall be considered
a separate offence.
C.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used solely for the expenses of the municipal recycling program.
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or section of this article is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately, unless otherwise provided by resolution
of the governing body.
This article shall take effect immediately upon final passage
and publication according to law.[1]
[1]
Editor's Note: Former Art. III, Clean-Up Day, adopted 9-16-2009
by Ord. No. 24-2009, which immediately followed this subsection, was
repealed 11-4-2009 by Ord. No. 28-2009.
